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HomeMy WebLinkAboutminutes.council.19720508Regular Meeting A~pen City Counezl May 8, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Ross Griffin, Ramona Markalunas, Jack Walls and City Attorney Albert Kern. Ambulance Ambulance - Mr. Willard Clapper was present and submitted to the Council a progress report of the first three months of operation showing the assets and liabilities; request for additional funds for the next ~hree months and approval of the lease agreement between the City, County and Aspen Valley Ambulance Association. Mr. Clapper reported, to Council, the Qounty Commissioners have agreed to continue funding, Continuation of funding will allow for the Association ~o apply for federal funding for radio and. similar equipment. Councilmmn William Comcowich arrived. Cguncil questioned their being able to collect only one-fourth of their, accounts receivable. Mr. Clapper reported part of that is due to the constant turn over of people in this area. Councilman Griffin moved to approve the lease agreement and contribute monies forthe next three months operation of the ambulance. Seconded by Councilman Markalunas, Council questioned if the Association had Checked with the hospital as relates to having 2 EMT's rather than jailers. Mr. Clapper stated the Association asked the hospital about this and they refused to comment on it. · 1'304 Regular Meeting, ASpen City C?unci!,.5/8/72 Roll call vote - Councilmen ComcowiCh aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye, Motion carried. Finance Director Dennis Veeder arrived. William "Shady" William "Shady" Lane - Mr. Lane complained to Council and sub- Lane mitred to.Council a bill for re-survey of his property located between Park Avenue and Midland Avenue in the amount of $76.00 Stated the City had covered his stakes on Park Avenue with pave- ment and was recently sited for violation of the junk ordinance of his fence posts which have been laying on the property due to not being able to locate the property corners. Further stated on Midland Avenue the City has been maintaining private property, · the street does not go through that'far, Half of the street belongs to MR. Lane and the other hatflbelongs to Mr; Randall. City also removed the s~akes on thisside with supposedly the maintainer. Council discussed the right of adyersepossession as relates to Midland Avenue. City Attorney to check out. Council questioned if the City had been contacted to re-survey the property. Mr. Lane stated he~felt~the survey should be done by an outside surveyor. Will not accep~ a City survey, Council request the City Engineer and City Attorney to review this problem and report back to Council. Sneaky Lane Sneaky Lane Subdivision - Plat was reviewed by Coun'cil along with Subdivision Assistant City/County Planner, Fred Wooden. Proposed agreement recommended by Planning and Zoning Commission was submitted along with the plat calling for easements along the Castle Creek River to meet the 4% dedication of land of the subdivision regulations but only such dedication if other easements can be obtained. If easements cannot be obtained, the cash should be requested. Mr. Wooden further stated the plat will be submitted at a later date since it is not in final form at th~s time and ready for signatures. Council stated they preferred the easements along the river even if others are not obtained at this time. If the area is not dedicated now, the area may never be obtained. Mr. Wooden stated the Pitkin Couoty Park Association is making a study of trails and are proposing the other side of the river in this area. Applicant stated he would not be willing to go along with the 4% requirement if other subdivisions have not been required to do so. Have no objection to the dedication of 4% of the land. The easements represent 6% or 7% of the land. Councilman Comcowich moved that the dedication of the easements be drawn into the plat for acceptance. Seconded by Councilman Markalunas. Ail in favor, with exception of Councilman Walls who voted nay. Motion carried. {appy Hearth Happy Hearth Proposed Use - Mr. Taylor representing the Environmental ~roposed Use Task Force stated the following as proposed uses: first employee housing if financially feasible; sold if not feasible for employee housing. Would have liked to see the facility used as a community center but it seems this is physically impossible. Mayor Homeyer stated the CoUncil has already considered prior to the election for sale of the Happy Hearth these suggestions. lanney Corporation Janney Corporation, 3.2 On PremiSes Consumption Application - ~.2 Jeer. Mayor Homeyer Opened the public hearing and outlined the request ;pplzcatzon and location of premises as 4~23 EaSt Hyman Avenue in basement. Survey map was submitted by the City Clerk. Clerk also reported an application has not been made within the last two years, the premises are not Within 500 feet of a School, letter of intent to lease ia on 'file, there exists 2 on premises Consumption licenses in the Ci~ty, postin~ and Publication have been made and the file is complete as to. all other state and City requirements. 1305 Regular Meeting, Aspen City Council, 5/8/72 · Mr. William Berkl~y, Jr., applicant,~was present-and stated Janney CorpOration is a corporation of theState of Colorado. Mr~ Berkley has been living is Aspen~on a permanent basis since 1969, presently part owner, and employed by Slope Enterprises. Description of the type of business to be conducted was submitted to Council. Mr.' Berkley stated he felt fi-ere was a need for this in the community' and also feel it is a desire of the inhabitants of the community. Petition bearing over 200 signatures was submitted to Council for review. Present license holders are of a restaurant type establishment, proposing to have entertainment. Present license holders establishments are frequented by people over 21 also. Having been in management of full liquor licents.operations, it is difficult to keep the 18 to 21,~year olds away and feel a place for this age group is strongly needed. Operation.will include pool tables, closed circuit TV and similar entertainment as now at the Slope. Will have dancing and live entertainment such as folk singers. Under the lease agreement not allowed to have loud amplified rock type music. Part time door checker for the Aspen Inn Club testified that there is a tremendous amount of people of this age group (18-21)trying to get in. Also parents commented that there was no place in town for this age group. Mr. Berkley stated he felt this operation would be an attraction to Aspen, The Slope was packed all season. At the Slope on Saturday mornings have shown cartoons for the children, free of charge. Vail has had such an operation going for five years. Councilman Comcowich stated he agreed with Mr. Berkley but would like to be.~assured t~t.in a year-Mr~ Berktey is not back before Council for a three, way license. Mr. Berkley stated he woutd not be back before Council next year asking fora three way license. Council questioned'Mr. Berktey's'~connection'with-Slope Enterprises. Mr. Berktey'statedthe~Slope~Enterprises does'not have a license, it's management, and have no direct financial interest in Slope En- terprises. Mrs. Berkley, mother, and MrS Riley have financial interest, in the Berkley-Aspen Corporation which is the license holder for Alice's Alley,'the. Slope and Aspen Mining Company. Mayor Homeyer closed'the public hearing. Councilman Griffin moved to approve the application as submitted with the condition~prope= pl~n.~be suDmi.tt~d~. -S~e~on~ed by Councilman Comcowich. City Attorney-Kern pointed.~out the-license.will not be issued until such time,.a$ the ope=at, ion. i's,compte~te, r.emdy ~for.,opening and complia'nce wi~h,all plans ar.e met. Roll call vote - Councilmen,Walls aye; Markalunas nay; Griffin aye. Comcowich aye; Mayor Homeyer-aye. Motion-carried. La Cocina La Cocina - Transfer application of the Old Dominion of a beer, wine and spirituous liquo~ license located at 308 East Hopkins. Mayor Homeyer opened the public hearing-on the~ebmracter of the applicant and transfer of the license. City Clerk reported the file is comptete~ Mr,-Nicholas-Lebby, applicant, was presen,t.and m~ated he was 31 years old, resided in Aspen for 10 years, worked at the Copper Kettle, Sundeck and C~ rt House. Restaurant will be Mexican, will serve from 11:00 a.m. to 10:00 p.m. and feel being able to serve liquor will compliment Mexican type food. Council referred to section of the lease which calls for money in escrow to cover present outstanding obligations. Electric bill owed to City of $1008.00. Ms. Kelleher, landowner was present and stated she felt this was an obligation of the previous owners. This section was inserted in the lease because if this outstanding bill ca~ases denial of the application then it would be taken care of. Do not wish to pay the bill, however, feel Mr. Lebby deserves the chance. Mr. Lebby is fixing up the place, Ms. Kelleher buying the materials. 1306: Regular Meeting, Aspen City Council, 5/8/72 Councilman Comcowich stated he did not feel the City should be ~ in a position to carte blanc transfer licenses.~ Feel that once this policy is clear-, perhaPs landowners ~ill look closely into what their tenants are doing. Mr. Veeder,~Finance Director, stated the~bill represented about 3-1/2 months of-electricity;' Further stated the City does have legal recourse.to collect th~ amount, by'putting'a lien on the property. '-~' '~ '~"~ ' -. Councilman Comcowich 'suggest the City write off a third of the ' bill;'Mr. Lebby pay 1/3rd of the'bill and Ms. Kelleher pay 1/3rd. Attorney Kern stated the Council would not be setting any precedent by doing this. Mr.' Lebby~stated he would agree to pay 1/3rd. Mayor Homeyer colsed the public hearing. CounKilman Comcowich moved to approve the transfer of the license ~tO Mr. Lebby conditioned upon'settlement of the outstanding utility bill. Seconded by COuncilman'Walls. Roll call vote Councilmen Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried.. Brownell Sub and B~ownell Subdivision and Approval of PUD Outline Development Plan - Approval of'PUD Mayor Homeyer'opene~the publit'hearing. City-County Planner, Outlin~ Develop- Herb Barrel, briefly outlined to Council the history of this ment Plan subdivision. ~'- ~ planning and Zoning Commission denied the initial subdivision plat (4 lots) on the'grounds that the lot patterns were inadequate and building placement was not.proper. Planning and Zoning recommended the Brownells prepare and outline Development Plan for PUD which has been done showing 3 lot subdivision. The long thin lot shown on the plat has been redrawn and is a common area that would serve the existing duplex and the new structure. The Sunny Park Subdivision which is adjacent has dedicated a 60' right-of~way along GibSon Avenue~ so the Planning and Zoning requested the Brownells to*do likewise. Planning and Zoning made an exception to allow the right-of,way to be utilized under the land Square footage requirement since~ lots would be 4/10 of a unit shOrt. In'Order to make the pUD~work the Planning and Zoning recommended a fourplex rather than 2 duplexes, which question is now before~the Board of Adjustment, The RMF area will require approval of the site plan when developed. Mr. Reser, ~surveyor, Sta~ed'theapplicant is giving up 2% of the land for the right-of-way. Mr. Bartel stated the Council needs to mmke a decision today on approval or.disapproval of the R-6 PUD conditioned upon approval of the fourplex..'The BroWne~tl's have agreed and Planning and Zoning recommends the 4% requirement be met on a cash basis. Suggest checking land'sales in the area having the same zoning ~hen negotiate wibh the' Br'ownelI's on'the amount to be paid rather than having an appraisal made. Mayor Homeyer closed the publid hca'ring. Councilman Griffin moved to approve the subdivision conditioned upon getting.the'eStimates:from'the realtors and working out an agreement with the Brownell's; approve the R-6 PUD Outline Development plan and tentative rezOning tO PUD'R-6 and PUD RMF. Seconded by Councilman Comcowich. Roll call vote Councilmen Markalunas aye; Griffin aye; 'Wails aye; ComCowich aye; Mayor Homeyer aye. Mo~ion Carried. 1307 Regular Meeting, Aspen City Council, 5/8/72 Design Conference Design Conference Street Clousure Mr. Fritz Benedict was Street Closure present and stated he and others are working with the shop owners on Cooper Street between Hunter and Galena to put in a p~rmanent mall. Per~a'p~'~this !c6ul~ ~be used as an example to other shop owners in the proposed mall area. Letter from the Design Conference people was 'submitted outlining they would be responsible for the clean-up etc. Requesting the a~ea to be closed f?r the d~sign conference be the area out- lined above, counezl questzo~d the'problems that may arise with the present liquor license holders in that block. City Attorney Kern r~p0rted in~oCder f6r liquor to be dis- pens?d at the party, will ~equire the str?et be closed as a publzcStreet'for'tha~'period Of time.~ Czty ordinance against drinking on public streets. Councilman Griffin moved that the City close Cooper Street Galena from the service station east to Hunter from 3:00 p.m. to 6:00 p.m. on the 17th of June and the IDCA will assume all responsibility as per their letter and the City Attorney prepare the necessary legal documents to accomplish this. Seconded by Councilman Markalunas. Roll call vote - Council- men Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. J. R. Williams J.R. Williams Annexation - Mr. Bartel stated the Planning Annexation and Zoning CommisSion recommended annexation by a 4 to 3 vote; recommended denial 'of the RMF zoning request and allow R-15 PUD until such time as the traffic congestion is resOlved by ~ vote of 5 to 2. Recommendation af annexation based on the following criteria: 1) Annexa'tion provide~ d~ve'lo~meH~c~ntrol by the City. 2) Based on availability of utiiities, the area is ready for development. 3) The property is located in an area which has direct influence on the City. DeVelopment of land next to the City-should be encouraged in preference to development of land in the outlying areas that do not have utilities available. 4) City water is n~ed f0~ development of the property and~therefore ~uld'not be provided without the review and concurrence with the develdpment proposal. 5) No split of property ownership fo~'assessment purposes will result. 6) The area Can be Se~ved~by norma~ extension of police protection and road san~dm~g~'. ~'7) Reszdents of the development would have an opportunity to participate in City affairs thus reducing the possibility to resist City/County cooperation. 8) Inhabitants on the fringe should help the City meet the costs incurred by providing services. 9) Water tap fees are cut in half and water rates are reduced with annexation. ~10) Annexation clearly places the responsibility with the City ~f or any improvements to the Mill-Gibson inter- section, the Mill Street Bridge and~provision for pedestrians. 11) The RMF zoning in the city accommodates the proposed uses without allowing motels, hotels and restaurants which are allowed by AR-2 for whichzapplication is pending in the County. Mr. Barrel explained work'has been done on the traffic cir- culation since Planning and Zoning review. Mr. Tom Griffin explained-a proposal to resolve the circulation problem as follows: Mill Street bridge widened to 28' with pedestrian walkways on both sides (City '$7,000 plus man hours and developers); Grading and dirt work'6n'~Gibson; Lone Pine Road; Red Mountain Road; Mill~Street and road to the hospital (County responsibility). Engineering of entire project and inspection byMdCullough. Total project would cost about S50,000. Alsowould~request the City pave Gibson Avenue next year. Project was discussed with the-County Commissioners and they do not want to commit to the project until the City does. County Planning and Zoning CommiSsion~has recommended to the Commissioners AR-2 (comparable to City RMF) zoning with conditions that basically relate to circulation and developing of site plan assuring that there will not be any lodging facilities. Commissioners indicated they would within 2 weeks know whether the conditions can be met. i308 Regular Meeting~ Aspen City Council, 5/8/72 · Mr. Bartel stated the proposal by Mr. Griffin is not a full solution but it is the best that can be done at this time. The final solution WOULD INCLUDE PEDESTRIAN ACCESS .COMING OUT ~EHIND THE COURTHOUSE~ANDEXTENSION OF SPRING STREET. Mr. Griffin ,stated _the County Com~nissioners did state they would do the dirt work*if the OitM~puts in the money on the bridge . Councilman Walls pointed, out this proposal does not solve the circulation ~P. r0b!em as, rela~es tQ ~M~l'?and Main Streets. Councilman Comcowich Stated this project is closer to town as relates to.acceptance of a higher density. Mr. Griffins.tated,wate= rates is one of the reasons for annex- ation plus this area~ahould be in the City. At this time the County and developers are willing to help to solve the problem. Councilman Walls pointed out there is a difference of opinion on the part of the Council as relates to annexations. Mr. Griffin stated~he would go ahead~and put in the footers now while water is low if the ,City approves the proposal in principal. Councilman Markalunas moved the City.participate in this project in p~incipal and detafls to be worked out on paper. Seconded by Councilman Comcowich. Roll call vote - Councilmen Comcowich aYe; Griffin Oye; Markalunas aye; Walls ,aye; Mayor Homeyer aye. Motion carried. Athletic Club Request Athletic Club Request - Mr. Steve Sherlock was present and gave a status report of the Club. States the requirements under the lease ha~e been satisfied, have spent,in 2 months $7,202. Now request to,take o~er the maintenance of the #1 Lift Park providing the City mows it and the Club can, move the fence above the building over toward the street .leaving a walkway on the outside of the fence. Would plant ~rees, flowers, and put in benches and tables; and a small childrens' .park with equipment. In between the ,b~zl zng and p~rk would ~put in badminton court. Ski Corporation.,has given .a similar lease to the Club for the parking lots west of,the property (6 lots) and Club will put in basketball courts, To the eastof~the fence is a piece of City property which is undeveloped,. Would like to put in four volley ball courts, Area not presently being used. Mr. Sherlock stated .ther~ would,be no permanent structure put on any of this land. It was pointed out if this area~were leveled (unused land) it could be used for parking in the winter time, presently cannot be plowed· City Attorney Kern stated the a~ea has never been dedicated as a park. Council raised their concern that the facilities be availabt~ to the public since it is.public land. Mr. Sherlock stated the courts would be open to the public at a nominal fee, plus providing their own equipment. Council stated they would like to review the area, City Engineer stated he would like to check the grades also. Mr. Sherlock also request.another year on the space at the golf course. Stated so far have not been able to utilize the property since the pipes.are nbt all in and need also to seed the area. Council tabled this request until they could meet with the City Manager and Parks and Recreation Director. Council Vacancy Council Vacancy - Councilman Walls moved to appoint Scott Nystrom sub3ect to the annexation bein~ final~ to fill the vacancy of Scott Nystrom for,the remainder of the term. Seconded b~ Councilman Markalunas, Roll call vo~e.- Councilmen Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried._ Historic Preser- Historic Preservation Commission - Councilman Markalunas vation Commission moved to advertise for anyone interested in serving on the committee. Seconded by Councilman Comcowich. All in favor, motion carried. Police Cars Police Carso Councilman Comcowieh moved to accept the bid of Wheeler Chevrolet bid for 12 month lease at $171.50 for 1972 Chevelle four door sedans. Seconded by Councilman Walls. Roll call vote - Councilmen Griffin aye; Markalunas aye; C ' Walls aye; omcowlch aye; Mayor Homeyer aye. Motion carried. Ski Report Ski Report j Police report shows less thefts since the iqstigation of registration of skis at police department. Alley Bids Alley Rids - Councilman Comcowich moved to postpone action on this.until next meeting to discuss with City Manager the bridge versus alley improvements. Seconded by Councilman Markalunas. All in favor, motion carried. Restaurant - A request to build a structure at Bavaria Park for a rest- Bavaria Park aurant was made by school teachers John Fisher and Erik Wolter. Councilman Comcowich stated his concern that federal funds ~may not be available to the school for lunch program if this existed. Feel the school should provide this kind of thing in the school system. Council request additional time to review the proposal and would make a decision at the meeting of the 22nd. Golf Course Golf Course -,Mayor read report showing an increase in activity at the golf course over last year. Minutes Councilman'.Griffin moved to approve the minutes of April 10th as prepared and mailed by the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. Accounts Payable Councilman Walls moved to approve the accounts payable as sqbmitted. Seconded by Councilman Markalunas. Roll call vote - Councilmen Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. R~solution #6 Counciln~n Wa, lls moved to read Resolution #6, Series of 1972. Lot 1. Block 2 Seconded by Councilmmn comcowich~ Ail in favor, motion Pitkin Mesa Sub carried. RESOLUTION NO. 6 (Series of !972) WHEREAS, the City Council of the City of Aspen has accepted a petition for annexation of that certain territory or real estate partlcularly~describe as follows. Lot 1, Block 2, Pitkin Mesa Subdivision and that part of County Road 19 lying~ad.jacent~to~said Lot 1 described as beginning at.the northwesterly corner of said Lot 1; thence S.~81Q54'09'' W. 60.00 feet tO the westerly R.O.W. line of said Couqty Road 19; thence 98.79 feet along said westerly R.O.W. line around the arc of a curve to the left having a radius of 339.56 feet and whose chord bears.S.16°25'54'' E. 98.44 feet; thence S.24°45!58!!E~ 68.52 feet along said-westerly R.O.W. line; thence 46.29 feet along said westerly R.O.W. line around the arc.of a curve to the right having a radius of 312.90 feet and.whose chordbears S~20°31'41'' E. 46.25 feet; thence N.73°42'36'' E. 60.00 feet .to.the easterly R.O.W. line of said County Road 19; thence 55.17 feet along said easterly R.O.W. line around the arc of a curve to the left having a radius:of 37~.~0 feet and whose ch6rd bears N.20°31'41'' W. 55.12 feet; thence N.24°45'58'' W. 68.52 feet along said easterl R.O.W. line; thence 81.33 feet along said easterly R.O.W. line around the arc of a curve to the right having a radius of 279.56 feet and whose chord bears N.16o25'54'' W. 81.04 feet to the point Of beginning. Containing 0.70 acres. which was filed with the City Clerk on April 12, 1972; and WHEREAS, the City Council of the Cityof Aspen makes the following findings of fact regarding said annexation; 1. There is at least one-sixth contiguity between the present City of Aspen and the area seeking annexation. 2. A community of interest exists between the territory to be annexed and the City, as evidenced by the following facts: (a) More than 50% of the adult residents of the-area to be annexed use part or all of the recreational, civic, social, religious~ industrial or commercial facilities of the-City.of-Aspen, and more than 25% of the adult residents are employed in the City of-Aspen. - - (b)~ Less than one-half of the land to be annexed-is agricultural. (c) It is physically practical to extend norma~ ~rban services to the area to be annexed, on the same terms and conditions as such services'are available to residents of the City-of kspen~ WHEREAS, said-petitioners are the owners of one hundred'(100%) percent of the land proposed to 'be annexed, and WHEREAS, no election is required under said Act~ ~AR · WHEREAS, the City Council determines not to impose additional terms and conditions upon said land proposed to be annexed. -NOW, THEREFORE, BE IT RESOLVED that the Ci'ty Council of T~e City of Aspen, hereby accepts t'he petition for annexation. Councilman walls moved to adopt Resolution #6 Series of 1972. Seconded by Councilman Comcowich. Council pointed out this area is one of two parcels that were left out of previous annexations. Roll Call vote - Councilmen Comcowich aye; Griffin.aye;-Markalunas aye; Walls'aye; Mayor Homeyer aye. Motion carried. )rdinance #7, Ordinance-#7, Series of 1972 ~ Councilman Walls moved to read ~nnexation of on first reading Ordinance ~7. Seconded by Councilman Comcowich. Lot 1, Block 2 All in favor, motion carried. Pitkin Mesa Sub Ordinance #7, Series of 1972 AN ORDINANCE PROVIDING FOR:THE ANNEXATION TO THE CITY OF ASPEN, COLORADO OF THAT CERTAIN TERRI- TORY OR REAL ESTATEPARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was read by title only bY the City Clerk. City Attorney Kern request paragraph be inserted to schedule the public hearing on the ordinance-for May 22nd at 5:00 p.m. Councilman Comcowich moved to adopt on first reading Ordinance #7, Series of 1972. Seconded by Councilman Walls. Roll Call vote - Councilmen Comcow~ch aye; Griffin aye; Markalunas aye; Mayor Homeyer aye. Motion carried. Councilman Comcowich moved to go into executive session, seconded by Councilman Griffin. All in favor, motion carried. Councilman Comcowich moved to reconvene into regular session and to adjourn this meeting-to May.lSth. Seconded by Councilman Walls. Ail in favor, motion carried. Meeting ended at 7:50 p;m. - .... :o ~____~L~ine Graves, Czty Clerk 1311 ._~o~r, ned Meetin A~p~n_~ty Council ' : 'i. .Mag,.]5,. ] 977 Meeting was reconvened by Mayor Eve'Homeyer at 5:05 p;m. With~Councilmen William' Comcowich, Ross Griffin, Ramona MarkaTunas, Jack Walls, City Attorney Albert Kern, City Manager Leon Wurl and Student Representative Margo Dick. Also present City/ County Planner Herb Barrel. J. R. William J. R. WILLIAMS ANNEXATION - Mayor-Homeyer opened the public' hearing, and stated the Annex annexation inculdes property Owned !by J~ 'Ri Williams and .:HOly ~Cross Electric. Petition for annexation made by J~ R, Williams only.~ Plats were shown to the Council depicting the location of the annexation. City Engineer Charles Gilkey reported to ~the'Council the Annexation meets the 1/6th contiguity requirement. Mr. Bruce Kistler representative for the annexation reported there are persons living on the land who rent, 50% of thom6 adultsT'work ~in' the City :and none of the land is used for agriculture purposes. City Clerk reported an annexation'election' Petition has not been filed. City Attorney reported to CounciI sufficient time.-has'now passed'for this type of petition to be filed. City Clerk further reported sufficient legal notice has been published in .the Aspen Today newspaper. Mr. Kistler stated he had discussed"the:annexation with Holy Cross, they did not wish to participate in the petition for.annexation and~further' would not contest the annexation. Mr. Kistler made ~he statement that ~e felt 'everyone was well aware of the physical locatir of the property and the contiguity interest between the property and the City of Aspen. The people, because of the contiguity.to the City', are involved with the City. Councilman Griffin questioned what the developer had to gain by annexing to the city. Mr. Kistler answered by saying from an :economic' standpo~t there is a mark difference with t,he taP'fees and expenses for ~a~er.-,-Feel~ this is benefica~l to the City in that it will increase the tax base and the tax,on the property that will be constructed there. In general it appears this annexation is proper because of its location and the use of City facilities by the persons that will be living there. Mayor Homeyer pointed out the City will also get the building permit fees. City Manager Wurl pointed out the building permit fees are the same City or County. City Attorney Kerr[ pointed out ~to :Council the :petition for annexation also inct~des a condition on zoning of PUD. Mr. Barrel explained the PUD will be considered after the annexation. The Planning and Zoning Commission recommended annexation by a 4 to 3 vo~e. ~ : :~ ~ ~ ~ -' ~ ~ P &. Z members main concern was the improvements to the circula'tion in the area priOr to annexation, rather than following the annexation. On the RMF-PUD condition of annexatiOn,.thePlanninga~d:Z0ning-Commission recommended:theproperty remain R-15 by a vote of 5 to 2. If Council concurs with the R-15 zoning, the petition for annexation is not valid since it stipulates R14F. Councilman Walls informed Council the RMF would allow for 60 units. Mr. Kistler pointed out the density relates only~ to the PUB area.:~ , Mr. Barrel showed to~ Council~ the p~eiiminary~,site pla~ Also a ,resolution adopted by the County Planning and Zoning Commission outlining their r~commendations to~e County Commissioners was submitted. Filed with the County P & Z was a PUD plan for the 3. R. Williams property plus the Mocklin'Tract'. '- Council qu3stioned the extent the J. R~ Williams Properties would participate in ,the circulation problem. Mr. Kistler stated they have not as yet determined the extent of participation on the'br~idge construction~. W~utd'like~ to gear ~hi~'to the construction so that the expen~se could ,be included in constrnction costs, project.will,be in phases. Further stated he had met with the County Commissioners,~his-dare,and it was determined J. R. Williams Properties would have to enter into an agreement similar to that between the County and Top of'Aspen, which woul,d~ spell Out the amount and time for funding. A similar arrangement could be made with the City if the annexation and PUD are accepted. Tri Co Management has indicated the funding on the part of 3. R. Williams would be about $2500. This figure would be satisfactory conditioned upon funding for construction. The property north of the~road:'woutd remainlin~the County~ (Lone Pine Road and Hospitat Property). Mr. Barrel explained the main concern of the CityTP & Z is the improvements that are needed in~the'area~ i~e.~Mill Street Bridge, Red'Mountain Road, and the Mill and Main Street intersection. 1312· Adjourned Meeting~ City Council, 5/15/72 . ' ~ Councilman Comcowich qu&s~ioned why the P & Z did not make a recommendation on the petition J. R. Williams as submitted,~ the last big annexation similar to this~one they made a' definite recommen- Annexation (cont) dation. Mr. Bartel explained he had-a=sked the CommissiOn to treat the annexation and zoning separately. :'~' ~ '~ Mr. Bartel stated he had discussed with the Commissioners their participation in the bridge and Red Mountain Road, County would be wilting to progide m an'hOurs£ and'equlp~ ment. $1800 ~or base material, $1500 for oil; eartli work and m~n hours amounting to $10,000, 1550' of paving $12,500. Mr. Bartel s~ated he did/not knOw if ~he CoUnty would be willing to participate if the area were annexed to the City. CouncilmAn Markalunas stated she did not feel a decision could be made on this annexation until a policy is e~tablished as relates to costs. . ' Mayor Homeyer stated the problems exist whether the land stays in the County or becomes a part of the City. People have a different attitude when they are in the City and not ~ sitting on the fringe of the City and cannot participate;i. Councilman Comcowich request to know the roll call on the P & Z Commission on the motion to annex (infDrmation given by Mr. Barrel) and furthe'r questioned why the application to the County included the Mocklin tract-and this pe'tition for armexation is only the J. R. Williams property. Mr. Kister stated Mr. Mocklin for reasons of his own does not want to annex to the City. The County requires 5 acres for a PUD app!i~ation, therefore, Mr. Mocktin did f~le with J. R. Williams on the County PUD application.' If fils property is annexed, the County would have to make an exception on the 5 acre requirement for Mr.-Mocklin. Based on the proposal as Submitted, Councilman Comcowich qffestioned what 'the approximate income would be from tap fees. It was reported it would be about $37,000 or based on the average of $600 a unit. · Mr. Bartel stated the County P & Z has given 'conditional a~proval of AR-~2 zoning, Commissioners have not acted, 'they are waitihg.for, solutio~ and agreements £6r improve- ments. The density would be the same whether City or County since .this is a PUD application. Mr. Kistler stated that the difference in water tap fees is a real incentive for annex- ation, if this property is not annexed now prior to development, it mm~y be difficult to annex it at a, later date. The following statement was submitted to Council and read by Mayor Homeyer: "Fr~m Joan Lane, a resident of the lower Red Mountain' area~ for twenty years.!'. "I would like to point out to the Mayor and City Council that since there are about 300 unbuilt upon high density acres within the city limits, that there would seem to be no need to create new high density land and to annex itl to the ci'ty limits at t'his time. The J. R. Williams annexation seems to be another examp!~ Of ~developers planning the Aspen area." /s/ Joan Lane There being no further comments, Mayor Homeyer~closed the public hearing. Councilman Comcowich stated he was not in favor of this annexation until the costs of the annexation have been established. City Manager Wurl stated the figures on the total area conSidere& for annexa'tion'are not ready, but could by next Monday's meeting establish the pros and cons of this one annexation for Council consideration. Mr. Kistler stated his project is ei~timated at $1,200;000. City Manager Wurl stated the ad valorum would be a benefit to the City as relates to- the total'amount of bonded indebtedness Under the City Charter. Council request the City Manager have the figures on the pros and cons ofthis annex- ation by the next regular meeting. ' ' Councilman Comc'owich moved~hat the public, hearing has demonstrated that sections B and4 of the Colorado AnnexatiOn C0de have been met and~no ~ffnexation election petition has been required. Seconded by CounCilman Walls, Roil'call vole ~ Councilmen Comcowich aye; Griffin aye; Markalunas aye; ~ls aye; Mayor Homeyer aye.~ Motion' carried. 1313 Ajjourned Meeting, City Council, 5/15/72 Right-of? Public Right-of-way - Mayor Homeyer submitted a plan for building a deck in fro~of the House of Ireland, and request permission from Council to do so. Councilman Comcowich moved that according to the plans as submitted this will ad estheticall~y to the property and since the sidewalk area will not be infringed upon and the public shall not be excluded from this area, Council approves a small deck for the Houseof Ireland om Hunter Street. Seconded by Councilman Walls. Roll call vote Councilmen Comcowich aye; Griffin aye;~Markalunas aye; Walls aye; Mayor Homeyer abstain due to conflict of interest. Motion carried. :irculation City Manager Wurl gave the following breakdown of Costs for circulation improvements ~rovements, as discussed with the County Commissioners: Street etc. City - (1) Cash, $7,000 (bridge); (2) one week of 4 men and equipment for the pedestrian accession the bridge, $1660.00; (3) Pave Gibson Avenue full width by 1974, ~6,000; (4) Penn-a-prime, seal and chip in 1972 $2,000.for a total cost to the City of $16,600.00. County - (1) Earth work and road base $10,000; (2) Pave Red Mountain Road and part of Lone Pine Road at Hospital by 1974 $12,500.00; (3) Oil for dust control in 1972 $1300.00 for a total cost to the County of S23,800.00. Top of Aspen, Inc. (1) Bridge $9,000; (2y Structural Engineering $1,000; (3) Engineeri~.g design and supervision $4,000 for a total of $14,000. Also have expended to date for engineering $5,000 making a grand total of $19,000.00. Councilman Comcowich moved to.give tentative approval and an agreement be drawn up along these lines by the City Attorney. Seconded by Walls. Roll call vote - Councilman Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Councilman Markalunas moved to adjourn, seconded by Councilman Griffin. All in favor, meeting adjourned 6:20 p.m. x----~6rralne Graves, Czty Clerk