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HomeMy WebLinkAboutminutes.council.197204101298 Regular Meeting Aspen City Council April 10, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:10 p.m. with Councilmen William Comcowich, Ramona Markalunas, Francis Wh~aker, Scot~ Nystrom, City Attorne~ Albert Kern, Finance Director Dennis V~eder and Student Representative Margo Dick. ~ Councilman Nystrom- Councilman Scott Nystrom read a letter of resignation from the Council, due to his moving out of the City limits. Letter also requests appointment to the Council following annexation to the City. Mr. Nystrom moved to Lot 1, Block 2, Pitkin Mesa Subdi- vision. City Attorney Kern reported the Council wLll be required to make an appointment within 30 days. The annexation petition is on its way back to the City from the owners of the lot. Minutes Coundilman Whitaker moved to approve the minutes of March 27th as prepared and mailed by the City Clerk. Seconded by Councilman Markaiunas. Ail in favor, motion carried. Brown Ice Palace B~own Ice Palace, Right of Way Request - A letter was sub- mitted outlining what it would take to melt the snow off the rdof - $10,000 to $20,000. City Manager Leon Wurl arrived. Also, a letter was submitted outlining that the rink would be open from 9:00 to 10:30 p.m. on Mondays, Tuesdays~ Thursdays and Fridays and from 1:00 to 5:00 p.m. and 7:00 to 9:.00 p.m. on Sundays for public skating. Councilman Whita·ker questioned why something was not submitted as relates to an arcade for the sidewalk problem., Acchitect John Rosalack estimated that it would cost about $8,000 for an arcade. Councilman. Comcowich moved that the City Attorney be instructed to draw up the documents to allow the Ice Palace Organization to enclose the structure as suggested with Provision A that ~ the ice rink open to the public be spelled out similar to conditions Lefty Brinkman indicated in his letter, Provision B that at the time the sidewalk district is made in'that area, that 6' of sidewalk.space will be arcaded out from the roof at that time. ~Seconded by Mayor Homeyer. Councilman Whitaker stated he felt the arcade should be constructed now. Councilman Comcowich stated he felt it was the City's responsibility, if not already provided, to provide a rink as in most other resorts. Roll call Vote - Councilmen Comcowich aye; Markalunas nay; Whitaker nay; MaYOr Homeyer aye. Motion died. Happy Hearth Happy Hearth Proposed Use - Mr. David Barbee was present and Proposed Use stated the building has a ~od potential as a small conference center, 100 to 500 people. The requirements and basic needs are already there, only problem is the restaurant and rooms are out of balance with each other. For large conferences there is no large group space or small meeting space. As a first phase and for conference foC ander 100 people could create four small meeting spaces by taking out the walls in 8 Onits and this would be all that is necessary to accommodate a conference of 75 to 80 people. Conference times are Aspen's off season. Feel the City is obligated to get into this business and the entire community would benefit Plus there is room for expansion at the Happy Hearth. Comment was made that this facility is some distance from town, making a transportation problem. Fences - City Removal of fences and structures on City Right of Way - List of Right-of-Way those in violation was submitted to Council. Council agreed the list should be broken down into catagories of those that hav&~ ~-~ existed for many many years, those that were permitted, etc. 1299 Regular Meeting, Aspen City Council, 4/10/72 Mail Survey Mail Survey- Eleanor Hubbard,~'representing the League of Women Voters, was present and gave a report on the survey. 7,30 surveys returned, top choice for mail service was present type of service with new post office and. two branch offices on the outskirts of the City. Second choice was the present type of system with larger central post office. 198 people made comments - door to door delivery received 49 comments, although it did not appear on the questionnaire as postal officials stated it was out of the question. Mayor Homeyer thanked the League of Women Voters for their efforts and time spent on the survey. Clean-up Clean-up Campaign - Mayor Homeyer read a statement that outlined what the procedures Campaign have been by the City in t'he past and the next step being that the City would be going beyond normal municipal practices to aid property owners and tenants in disposing of junk and trash accumulations. (See letter on file in.City Clerlk's office.) High School High School Goals :~ Margo Dic'k presented the Government Class list of priorities Goals as follows: (1) Control or limit the growth of Aspen, within practical and workable limits. (2) Four lane highway.. (3) Mass transit System, trolleys or electric buses in the City. (4) More centralized buildings such as the Brand Building. (5) Under- ground parking and building. (6) Several legatihitchhiking areas. About 40 members of the government class participated. Design Confer- Design Conference Request - Letter submitted requesting closure of a street from ence Request 3:00 to 7:00 p.m. on June 17th for the opening of the conference. City Manager Wurl stated he and the Planner discussed which street and agreed to recommend Mill Street between Cooper ahd Durant. Council indicated their unenthusiasm for the conference based on the problems created last year i.e sleeping and camping near the t~nt facilities. Council stated they were reluctant to give permission for use of the street until it is made known to the Council of what the use will be of the street and the City is assured they will clean up the area. Council request the City/County Planner communicate this to them and also that the City is concerned about the problems which happened last year. ~ ~Golf pro Golf Pro Contract - Manager Wurl submitted contract and outlined that negotiations iContract had been discussed with Mr. Tache for 10% of the green fees and passes since he would ~ ~ not have the restaurant and bar operation this year. Councilman Comcowich moved to approve the contract as submitted. Seconded by Council- man Whitaker. Roll call vote - Councilmen Wh~ aker aye; Markalunas aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Truck Bids Truck Bids - Manager Wurl submitted compilation of bids (4). Lowest bidder and recommendation same of Wheeler Chevrolet, in the amount of $9,391.78. Manager Wurl stated since only $6,000 was budgeted would lfke to lease for 12 months and then purchase at that time. Council suggested the difference between the lease costs for 1972 and the budgeted amount be used as a down payment. Manager Wurl further stated no one will lease a vehicle with LP conversion. Councilman Whitaker moved to accept~the bid of Wheeler Chevrolet and provide for a 12 month lease period and purchase at the end of 12 months. Seconded by Councilman Markalunas. Roll call vote - Councilmen Comcowich aye; Markalunas aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Flusher Flusher - Manager WUri submitted compilation of bids (2). Lowest bidder was Faris Machinery comPany in the amount of $6,077.00. " ~ Councilman Comcowich moved to accept the bid of Faris Machinery Company. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whita'ker'*aye; Markalunas aye; Comcowich aye; Mayor Homeyer aye. Motion carried.= Historical Historical Society Letter - Request the City participate in the memorial of Miss Berg, Society Letter Historical Society cannot afford to do it. Pitkin County Pitkin CouBty Park Association - Manager Wurl reported he had sent them a letter stating Park Associatic the City had already donated to Eagle~Piney and wo~ld make additional contribution if revanues ar,e up. .-Also.stated to them briefly what the City has done to preserve their water rights. 1300 Regular Meeting, Aspen City Council, 4/10/72 Auditor Auditor - Manager Wurl reported correspondence has lead to Mr. Handy acknowledging the request to let Alexander Grant and Company review whatever papers they desired. Resolution #5 Resolution #5, Series of 1972 - City Clerk reported due to error in number of publications of Resolution #2, the procedure would have to be redone by the reading of Resolution #5~ Resdlution No. 5 (Series of 1972) WHEREAS, a petition for annexation to the City of Aspen has been filed in accordance with Section 139-21-6 of the Colorado Revised Statutes 1963, as amended, AND WHEREAS, the area seek£ng annexation is described as follows: A tract of land situated in the N~SW~ of Section 7, T10S, R84W of the 6th P.M., Pitkim County, Colorado, more particularly described as follows: Beginning at a point whence the center quarter comer'of Section 7, T10S, R84W of the 6th P.M. bears N.59°57'54'' E.1042.64 feet; thence S.RT°51'48"W. 404.48 feet; thence S27°51'48'' W. 3 feet more or less to the North Annexation.line established by document recorded in Plat Book 3 at Page 284/288 of the Pitkin County Records, thence Westerly and Northerly along said North Annexation line to a point, from whence a line to ~the SW corner of that certain tract of land con- veyed in Book 49 at Page 9 of the Pitkin County Records bears at right angles from the middle thread of the Roaring Fork River, thence N.86°55' E. 65 feet more or less along said line bearing at right angles to the middle thread of said River to the said SW corner of said tract describ- ed said Book 49 at Page 9, thence North along the West boundary of said tract 62 feet more or less to a point from whence the SW corner of that certain tract of land described in Book 258 at Page 86 bears due East; thence East 34 f. eet more or le~s to the ~ corner of said tract described in Deed recorded in Book 258 at Page 86; thence N.123.19 feet; thence N.73°58'E. 58.68 feet; thence 37.65 feet along the arc of a curve to the right having a radius of 145.05 feet and whose chord bears $.71e30'12'' E. 37.55 feet; thence S.64~04'00"E. 345.84 feet; thence South, 7.41 fee~; thence $. 57°28'00'' E. 87.99 ~eet to the point of begin- ning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, that: It finds that the annexation petition substantially complies with Section 139-21-6, Colorado Revised Statutes, 1963, as amended and that the City Council will hold a hearing on May 15th at 5:00 ~ o'clock in the City Council Chambers, City Hall, Aspen, Colorado to determine if the proposed annexation complies with Section 139-21-3 and Section 139-21-4, Colorado Revised Statutes, 1963, as amended, or such parts thereof as may be required to establish eligibility under the law. Attorney Bruce Kistler was present and stated an annexation petition has been submitted along with an application for an RMF-PUD. The out- line development plan has been filed with the City Planning and Zoning and they decided to wait until Council acted on the annexation. Also a petition to rezone was filed with the County and this has been tabled since they felt this area should be part of the City. Mr. Kistler asked for an indication from Council on whether they wonld want to annex. Feel the need exists for this type of zoning, 1301 Regular Meeting, Aspen City Council, 4/10/72 land is presently zoned R-15 containing about 3.47 acres~ Would have about 20 units to t~e acre or 62 unit~s.·~ · ' ~ Councilman Whitaker stated he would be greatly concerned with the increase in density~ Council stated they were upset with the lac'k of communications from the Planning and Zoning on this annexation request. Cannot review the annexation without some indica- tion on the zoning s~nce the petition~for ann~xati0n includes a request for zoning. City Attorney Kern stated Council should request from Planning and Zoning a recommendation.on the annexation on the existing zoning or recommendation on annexation on RMF-PUD. Councilman Comcowich mo~ed t6 read'Resolution #5, Series of 1972. Seconded by Councilman Markalunas.' All in favor, motion carried. Councilman Comcowich moved to adopt Resolution #5, Series of 1972. Seconded by Councilman Markalunas. Roll call vote- Councilmen Whitaker aye; Markalunas aye; ComcowiCh aye; Mayor Homeyer aye. Motion carried. Ordinance #4 Ordinance #4, Series of 1972 - Mayor Homeyer opened the public hearing. There being Commercial Plan , no comments, Mayor Homeyer closed the Public hearing ned Neighborhoo Councilman Whitaker moved to read on second reading Ordinance #4, seconded by Councilman Comcowich. All in favor, motion carried. ORDINANCE #4, SERIES OF 1972, AN ORDINANCE AMENDING CHAPTER.24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ADDING SUBSECTION (d), SECTION 10.1 OF CHAPTER 24 ENTITLED C-PND COMMERCIAL PLANNED NEIGHBORHOOD DEVELOPMENT~DISTRICTwas read by title only by the City Clerk. Councilman Whitaker moved to adopt on second reading Ordinance #4, Series of 1972. Seconded by Councilman Markalunas~ Roll call vote - Councilmen Markalunas aye; Whitaker aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Ordinance #5 Ordinance #5, Series of 1972 - Mayor Homeyer opened the public hearing. There being no Historical comments, Mayor Homeyer closed the public hearing. ~pning Councilman Comcowich moved to read on second reading Ordinance #5, Series of 1972~ Seconded~by Councilman Mar·kalunas. All in favor, motion carried. ORDINANCE #5, SERIES OF 1972 AN ORDINANCE PROVIDING FOR THE CONTINUED EXISTENCE AND PRESERVATION OF HISTORIC STRUCTURES, COMBINATIONS OF STRUCTURES, SITES AND AREAS WHEN DESIGNATED FOR PRESERVATION AS AN H, HISTORIC OVERLAY DISTRICT, AND THE CONTIkrOED CONSTRUCTION OF STRUCTURES AND ~COMBINATIONS OF STRUCTURES COMPLIMENTARY TO THOSE OF HISTORIC VALUE W~MtN AN H, HISTORIC OVERLAY DISTRICT;MAKING PROVISION FOR THE CREATION OF AN HISTORIC PRESERVATION COMMITTEE; CREATING A PROCEDURE FOR THE DESIGNATION OF HISTORIC STRUCTURES, COMBINATIONS OF STRUCTURES, SITES AND AREAS AS H, HISTORIC OVERLAY DISTRICTS; AND pROVIDINGFOR THEREVIEW AND APPROVAL, CONDITIONAL APPROVAL OR DISAPPROVAL BY THE HISTORIC PRESERVATION COMMITTEEOF ALL BUILDING PERMIT APPLICATIONS WITHIN AN H, HISTORIC OVERLAY DISTRICT AS THEYPERTAIN TO SECTION 9.1 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN was read by title only by the City Clerk. Councilman MarkalunaS moved to adopt on second reading Ordinance #5, Series of 1972. SecOnded by Councilman Co~cowich. Roll call vote - Councilmen Markalunas aye; Comcowich aye; Whitaker aye; Mayor Homeyer aye. Motion carried. City Attorney Kern informed Council they should be thinking about appointing members to the Historic Preservation Commission. Ordinance #6 Ordinance #6, Series of 19~2 - Mayor Homeyer opened the public hearing. There being no Zoning Code Fee comments, Mayor Homeyer closed the public hearing. Councilman Whitaker moved to read on second reading, Ordinance #6, Series of 1972. Seconded by Councilman Markalunas. Ail in favor~ motion carried. ORDINANCE #6, SERIES OF 1972 AN ORDINANCE REPEALING AND REINACTING SECTION 11 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, INCREASING THE FEE FOR ZONING CODE AND-MAP AMENDMENTS TO FIFTY.(S50.00) DOLLARS, CLARIFYING THE PROCEDURE IN AMENDING ZONING DESIGNATIONS, AND PROVIDING· FOR A JOINT PUBLICHEARING BETWEEN THE HISTORIC PRESERVATION COMMITTEE AND THE PLANNING AND ZONING COMMISSION TO REVIEW PROPOSED DESIGNATIONS OF H, HISTORIC OVERLAY DISTRICTS was~read by title only by the CitY Clerk. Councilman Comcowich moved to adopt on second reading Ordinance #6, Series of 1972. Seconded by Councilman Whitaker. Roll call vote - Councilmen Comcowich aye; Markalunas aye; Whita·ker aye; Mayor Homeyer aye.. Motion carried. 1302 Regular Meeting, Aspen C%ty Council, 4/10/72 Accounts Payable Councilman Comcowich moved to approve the accounts payable as submitted. Seconded by Councilman Markalunas. Roll call vote Councilmen Markalunas aye; Whitaker aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Councilman Markalunas moved to adjourn at 6:35 p.m., seconded by Councilman Whitaker. Ail in favor, meeting adjourned. Lorraine Graves, City Cler'k