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HomeMy WebLinkAboutminutes.council.19711108Regular Meeting Aspen City Council November 8~ 1971 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. w~th Councilmen Scott Nystrom, William Comcowich, Ross Griffin, Ramona Markalunas, Jack Walls, City Manager Leon Wurl and Student Representative Margo Dick. Councilman Walls moved~to approve the~minutes of October 18th and 19th as prepared and Minutes mailed by the City Clerk. Seconded by Councilman Nystrom. Ail in favor, motion carried. Councilman Markalunas moved to approve the accounts payable as submitted by the Finance Accounts Department. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom ayE; Payable Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Old Dominion Corporation - Stock Transfer - Attorney Dwight Shellman was present represent Old Dominion ing the applicant, Irene Sanders. City Attorney and City Clerk previously reviewed file Corporation and found file to be in order. Stock Transfer Mr. Shellman answered the question as relates to vacancy of officers by saying he would submit the names to the City upon appointment of same. Councilman Griffin moved to approve the stock transfer of the Old Dominion Corporation. Seconded by Councilman Nystrom. As relates to the note being held by Mr. Gordon Forbes and interest in two liquor licenses, Mr. Shellman stated he had discussed this with the State Liquor Inspector and it is permissable under these circumstances. Roll call vote - Councilmen Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. 1229 Liquor Liquor Renewals - City Clerk submitted the following applications, credit bureau reports Renewals and departmental reports on each application. Aspen Aspe~ D~hag - Councilman Griffin moved to approve the renewal. Seconded by Councilman Walls Drug Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Cross Roads Cross Roads Drug- Tabled for review at the next meeting due to building violation. Drug Grog Shop Grog Shop - Councilman Griffin moved~to approve the renewal. Seconded by Councilman Walls. Roll call vote - Councilmen Markalunas aye; Griffin aye; Walls aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Guido's Guido's - Councilman Comcowich reported Mr. Meyer would like to discuss with Council a disposition of his curb cut. Agreed to discuss at the next meeting. Magnifico's Magnifico's - Tabled for consideration at the next meeting due to sign violation. kWheeler Public~ Louie~$ Spirit House - Tabled for consideration at the next meeting due to sign violation. House ¼Louie's Spirit~ Wheeler Public House - Couneilmam Griffin*moved ~o approve-.the.-renewalo Seconded by House Councilman Nystrom. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Wienerstube Wienerstube - Councilmen Comcowich moved to approve the renewal. Seconded by Councilman Griffin. Roll call vote - Councilmen Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. ~. Mayor's Deeds Mayor's Deed - Anderson, William and Hildur; Hyde, Arthur - Councilman Markalunas moved Wm. Anderson to approve the Mayor's Deed to William and Hildur:Anderson subject to payment of the fees Arthur Hyde under the Patent. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Councilman Markalunas moved to approve the Mayor's Deed to Arthur Hyde. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Bd. of Board of Adjustment Vacancies - Councilman Walls moved to authorize the City Clerk to Adjustment advertis the vacancies that will exist in December. Seconded by Councilman Comcowich. Vacancies All in favor, motion carried. Aspen Block Aspen Block Request - Mr. Don Fleisher request this be tabled until the next meeting, Request request granted. Cowenhoven Cowenhoven Building - Mr. Don Fleisher request permission to cut the street to install Building a new 2" line. Present water pipes are small and old. Feel this is an emergency since a new restaurant is going:into.the building and the present lines, do not meet the require- ments of the building. Councilman Comcowich stated he did not feel this' was an emergency to cut the~street so someone could go into business. Councilman Griffin moved to deny this request. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markatunas aye; Walls aye; Mayor Homeyer abstain. Motion carried, Mr. Fleisher stated he felt the Council was unfair ~n not allowing the applicant to make a presentation and present what is going to be done with the building. The water problem was not brought to light until two weeks ago. Applicants will be investing from S30,000 to S40,000 in improvements in the building. Planner's Planner's Institute - Mr. Bartel, City/County Planner, reported he had attended the Institute Institute held in San Francisco and suggested that perhaps Rubey Park be used as the squares are in San Francisco. The squares are used for different activities and have underground parking. Further reported the Bay Area has become a big, big subdivision, the Hill still has small shops, no shopping centers, planter boxes on Main Street without parking and traffic lights' are old 'esthetic lights. Presently fighting to keep ou.t high rise buildings. Brown Brown Ice Palace - Mr. Joe Luchini presented to Council an informal petition =~uesting Ice the Council reconsider previous decision not to allow~buildingaddition on City property. Palace Councilman Nystrom stated he had visited the ice rink and the big problem is heat on the inside ahd feel to grant this request should grant only if all sides_of th~ building are enclosed. Re~tiRg ~! Aspen~itY.Coun¢il Mov~mber ~8, !97~ : Council request Mr, Luchinni bring to Council plans for enclosing three sides of the building. Councilman Comcowich moved to go into executive session, seconded by Councilman Walls. ' Ail in favor, motion carried. Council reconvened into regular session. Councilman Griffin moved that the City accept the lease purchase agreement subject to Lease Purehase final approval by City Attorney Kern of the agreement and added amendments on parking Agreement and approval of plans for additions. Seconded by Councilman Comcowich. Happy Hearth Inn Council explained the lease purchase agreement is with Donald W. and Elizabeth H. Fiene. Agreement is available for anyone to pursue. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas nay; Walls aye; Mayor Homeyer aye. Motion carried. state Highway Requests - City/County Planner, Herb Barrel, submitted the requests which~ State Highway had been previously reviewed by the County Commissioners. County Commissioners would like Requests to submit the request to the State Highway Department.and emphasize the present trans- portation Study and exptaine that the City and County are attempting to come up~:with recommendations of future plans for State Highway 82. Discussed underpass for the school crossing on Main Street. City Manager Wurl explained this has been discussed with the State Highway Department and they will not consider same due to vandalism. Councilman Griffin moved to approve the State Highway requests as submitted. Seconded by Councilman Walls. All in favor, motion carried. Planner Bartel to submit to the State Highway Department. Lights - Paepcke Park - Manager Wurl previously submitted to Council copies of letter Lights fr~m:.~the manufacturing company relating to the City not aceepting the order. Paepcke Park Manager Wurl outlined the timing involved as~follows: Requested cancellation on August 27th, discussed same on the telephone August 25th. Was told the order could not be cancelled since it was already shipped. About September 10th received part of the order, and same was shipped on September 8th..At this time wrote another letter to manufacturer. Second shipment (balance of order) was received about October 12th. Fixtures are special order and not made until order is received. The lights are now again on their way back to the City of Aspen, C. O. D. Council agreed to await the return of the City Attorney to discuss what legalities might be involved on the City's part. Auditor - Finance Director Veeder:suggest the City retain Alexander Grant a~d Company Auditor who have stated they would do the City audit at a cost in the range.of $8,000 to $10,000. Mr. Veeder explained auditors do not bid and it is difficult to obtain an indication as to what the costs might be, The above mentioned company is presently setting up the City' ledgers. Have requested the audit be done prior to tax season each year. Councilman Comcowich moved that the City appoint Alexander Grant and Company as auditors for the ensuing year. Seconded by COuncilman Nystrom. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Sewer Bid, Happy Hearth Inn - Manager Wurl stated only one bid had been received in the Sewer Bid, amount of $9,491.19 from Ron Troxot Excavating. City Engineer and City Manager recommend Happy Hearth Inn Council accept the bid. Councilman Comcowich moved to award the bid for sewer line at the Happy Hearth Inn to Ron Troxol EXcavating' in the amount of $$9,491,19 for 8" pipe. Seconded by Councilman Nystrom. Roll call vote - CounCilmen Nystrom aye; Comcowich ~ye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Holy Cross Acquisition - City Manager Wurl reported he and City Attorney Kern had met Holy Cross with Attorney Leonard Campbell of Denver as relates to his handling the City's case. Mr. Acquisition Campbell works for the Colorado Municipal League on their rate cases. Councilman Griffin moved to hire'Mr. Leoanrd C~mpbell to proceed with negoiations on Holy Cross Acquisition. Seconded by Councilman Walls. Ail in favor, motion carried. m' Fire Departments Lease - Proposed lease'was sub ztted. Councilman Griffin moved to Fire authorize the Mayor and City Clerk to sign the lease and approve same. Seconded by Department Councilman Walls. Roll call vote - Councilmen Wails aye; Markalunas aye; Griffin aye; Lease Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Swimming Pool Dedication - Manager Wurl request guidance from Council as to what the pool will be named. Mr. James Moore donated the land for the poo~ and suggest the pool be named after Mr. Moore. Swimming Pool Co6ncilman Comcowich moved that~the City Council designate the swimming pq01 as the James Dedication Moore Pool and this be done by resolution. Seconded by Councilman~ Walls/ Roll call vote Councilmen Comcowich aye; Walls aye; Markalunas~aye; Griffin aye;~Mystrom aye; Mayor Homeyer aye'. Motion carried. Ordinance #27 Ordinance #27, Series of 1971 - Mayor Homeyer opened the public hearing on the amended Leash Law ordinance. There_.~eing no comments, Mayor Homeyer closed the public hearing. Councilman Walls moved to read in full Ordinance #27, Series of 1971 as amehded. Seconded by Councilman Comcowich.All in favor, motion Carried. ORDINANCE #27, SERIES OF 1971, AN ORDINANCE REPEALING AND REINACTING SUBSECTIONS (A), (B) AND (C) OF Section 4, CHAPTER 3 OF TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PROHIBITING DOGS FROM RUNNING AT LARGE IN THE COMMERCIAL, AR AND PARK ZONED'DIStRICTS~ OF CITY, AND FURTHER REQUIRING DOGS TO BE UNDER POSITIVE CONTROL OUTSIDE OF THE COMMERCIAL, AR AND PARK ZONED DISTRICTS OF THE CITY; PROVIDING FOR PENALTIES THEREOF~was read in full by the City Clerk on second reading. Councilman Comcowich moved to adopt Ordinance #27, Series of 1971 as amended and Clerk publish-in full. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom~aye; Comcowich aye; Griffin nay; Markalunas aye; Walls aye; Mayor Homeyer aye. Moti0h~carried. Ordinance #30 Ordinance #30,~Series of 1971 - Mayor H0meyer opened the public hearing. The?e being ho AF Zoned Distri¢ :sc omments, Mayor Homeyer closed the public hearing. Councilman Comcowich moved to read by title only Ordinance #30, Series of 1971. Secbnded by Councilman Wails. All in favor, motion carried. ORDINANCE NO. 30, SERIES 0F'1971 AN ORDINANCE AMENDING SECTION 8, CHAPTER1 OF TITLE XI- OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ENTITLED "PARK" TO INCLUDE PROVISION~ FOR AF- AGRICULTURAL/FORESTRY ZONED DISTRICTS was read by title only by the City Clerk on second reading. Councilman Walls moved to adopt Ordinance #30, Series of 1971 on second reading. Seconded by Councilman Comcowich. Roll call vote - Councilmen Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Ordinance #31 Ordinance #31, Series of 1971 - Councilman Griffin moved to read Ordinance #31, on first Adopting reading in full. Seconded by Councilman Comcowich. Ail in favor, motion carried. Municipal Code ORDINANCE #31, SERIES OF 1971 AN ORDINANCE ADOPTING BY REFERENCE AND ENACTING A NEW MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO; INCLUDING ORDINANCES PREVIOUSLY ADOPTED BY THE CITY; ESTABLISHING THE CODE; LISTING BOILERS AND PRESSURE VESSELS OF DENVER, UNIFORM BUILDING CODE, 1967 EDITION, NATIONAL ELECTRICAL CODE, GAS INSTALLATION RULES AND REG- ULATIONS, UNIFORM BUILDING CODE, VOLUME III, 1970 EDITION, STATE TECHNICAL PLUMBING CODE REGULATIONS, WARM AIR HEATING, VENTILATING AND AIR CONDITIONING CODE OF DENVER, THE M8DEL TRAFFIC COBE'~OF COLORADO MUNICIPALITIES, ALL ADOPTED BY REFERENCE WITHIN THE CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNEROF AMENDING SUCH~CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE was read in full on first reading by the City Clerk. Ordinance establishes the effective date of January 1, 1972. Councilman Walls moved to adopt on first reading Ordinance #31, Series of 1971. Seconded by Councilman Markalunas, Roll call vote - Councilmen Comcowich aye; Walls aye; Markalunas aye; Griffin aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Ordinance #32 Ordinance #32, Series of 1971 - Councilman Walls moved to read by title only, Ordinance Vacating Alley #32 on first reading. Seconded by Councilman Griffin. Ail in favor, motion carried. Block 37, i East Aspen Ordinance #32, Series of 1971 AN ORDINANCE VACATING A PORTION OF THE ALLEY IN BLOCK 37, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, RESERVING EASEMENTS THEREIN, AND RESTRICTING CONSTRUCTION OF BUILDINGS THEREON was read by title only by the City Clerk. Councilman Walls moved to adopt Ordinance #32, Series of 1971 on first reading~ Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich nay; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Resolution #22, Series of 1971 Councilman Griffin moved to read Resolution #22, Series of 1971. Seconded by Councilman Markalunas. Ail, in favor, motion, carried. Resolution #22 ~ Amendment RESOLUTION NO. 22 to Aspen (Series of 1971) Area General Plan (AMENDMENT TO ASPEN AREA GENERAL PLAN FINAL REPORT 1966)~ WHEREAS, the Planning Commission for the City of Aspen undertakes continuing review of the Aspen Area General Plan in an effort to provide for the or~derly growth and deveL- opment of the City.of Aspen; and WHEREAS, after Public Hearing and Notice as provided by l~w, the PlanBing c~mmission for the City of Aspen has amended the Aspen Urban Area Circulation Plan of the Aspen Area General Plan of 1966; and WHEREAS, a circulation plan which outlines the location and extent of transportation routes in an important element of the Aspen Area General Plan of 1966; and WHEREAS, the circulation plan must be updated to include additional right-of-way corridors necessary to handle existing a~d projegted traffic volumes. - NOW,THEREFORE, BE I~ RESOLVED by the City Council for the City of Aspen tha~-~he Aspen~g~ban Area Circulation Plan of the Aspen Area General Plan of 1966 is hereby amend- ed to include the following right-of-way corridors, and transportation routes in _ _ accordance with the map attached hereto: ~1. Spring Street shall~be ~xtended from Main Street northerly and westerly to' ~ Gibson Avenue~ 2. Galena Street shall be ~xtended with two (2) transitions, one intersecting Mill Street and one intersecting Spring Street extended. 3. Ute Avenue shall be extended along the sohth side of the Roaring Fork Valley to provide an alternate for State Highway 82 and shall be closed for through traffic between Original Street and Sp~ing Street. ~ ~ ........ 4. Park Avenue shall be established as a corridor serving as a connecting link between State Highway 82 and Gibson Avenue. 5. A new corridor which provides transition from Gibson Avenue to Red Mountain Road, and access to the apartment development east of the hospitaL, and access tO~.~he hospital. - ~ 6. A corridor shall be established along the Midland rzght-of,way, with transition to Durant Avenue go p~ovide alternate access for State Highway 82. 7. Hill Street shallhbe established between Monarch Street and Sspen Street.. Councilman Walls moved to adopt Resolution #22, Series of 1971. Seconded by ~ouncilmmn Comeowich. Roll call vote - Councilmen Griffin aye; Markalunas aye; Walls aye; Comcowich ~ aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Resolution #23, Smuggler No. 1 Annexation - Councilman Comcowicb read the excerpt sub- Resolution #23 mitted from the Planning and Zoning Commission. Also stated he was against annexation Smuggler #1 just so someone c~uld-,~btain a lower water tap fee~ Mayor Homeyer.pointed out the City Annexation should have an e~tablished annexation policy, but the developments are going to happen whether the City annexes the land or not. Water will be obtained by wells, etc. The trailer court would then become under the control of the City and not just a burden~to the City. Discussed passing and up-to-date trailer park ordinance prior tO this annex- ation. Manager Wurl recommend the Council hold s study session on annexation policy. Mr. Irwin Harland suggested that when the City does come up with .an annexation policy they do so in resolution form. Councilman Walls pointed out the present annexation polic~ was adopted by CouBcii as an aggressive annexation policy. Councilman Comcowich moved that Resolution #23 and Ordinance #33 be tabled until such time as an in depth study is mmde. Seconded by Councilman Griffin. Ail in favor, motion carried. Council agreed to meet on Friday, November 12th at 5:00 p.m. to discuss annexation policy. Councilman Walls left Council Chambers. Zoline Annexation Petition, Amended - Amgnded petition and plats were submitted. ~ouncil Zoline Annexation agreed to table this petition until after Friday's study session. Petition,Amended Manager Wurl explained although the ~ighway was not used in figuring~the 1/6th contiguity it is included mainly in order to get the highway users tax money. The City Engineer says · there is some question as to. the depcription along Maroon Creek. Mrs. Harvey and Mrs. Caudill were present and stated from their figures there is not 1/6th '~ contiguity~ Council request the City Mmnager check this out with the Engineering Depart- men t. . ~ Regular Meeting Aspen City Council November 8, 1971 Representative of the Environmental Task Force read a statement against the annexation due to density and impact on the area. Councilman Comcowich explained with the Master Plan showing R-30 zoning feel the County would have a hard time legally in turning Mr. Zoline down. Mr. Irwin Harland stated that if the City is annexing this area for housing, theCouncil should consider the type of housing that will be provided. Councilman Jack Walls returned. School Crossing School Crossing Main Street - City Manager Wurl reported the costs of installing the Main Street signal will be paid by the State Highway Department. Mayor Homeyer pointed out it is a state law that you cannot have temporary signs or posts. Manager Wurl pointed out the only time you can have the speed limit reduced to 15 mph is when the school is on the highway. Councilman Markalunas moved to adjourn at 8:05 p.m., seconded by Councilman Nystrom. Ail in favor, meeting adjourned% Lorraine Graves, City Clerk