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HomeMy WebLinkAboutminutes.council.19720828 Regular Meeting Aspen City Council August 28, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilmen Scott Nystrom, Ross Griffin, Ramona Markalunas, Jack Walls and Francis Whitaker. Councilman Walls moved toapprove the minutes of August 14th and amendment as submitted by the City Clerk. Seconded by Councilman Griffin. All in favor, motion carried~ City Manager Leon Wurl and City Attorney Albert Kern arrived. Growth Growth - Mr. Bert Dahlander was present and suggest Council consider emergency rezoning to control condo- miniums and multiple family dwellings. City being destroyed by the over-growth. La Cocina La Cocina - Form 1SE - Mr. Nichols Lebby was present and stated approval of this form is required in order to serve liquor on the patio which was constructed by the previous owners. Councilman Walls moved to approve the Form 1SE ~s submitted. Seconded by Cc~ncilman Whitaker. Roll call vo~e - Councilmen Nystrom aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Momeyer aye. Motion carried. Encroachments Victo~ Kapelli - Pond Encroachment - Mr. Kapelli reported that due to the lea~s in the foun~in and pond, he contacted the building inspector To repair the leaks. After removing the stones contacted the building inspector again and now he says it never existed. Request permission to repair the fountain and pond and put it back as it existed. To move it back, the fountain would have to be removed. Council agreed to table this item until the next meeting and in the interium, Council members review the site. Councilman William Comcowich arrived. Encroachments Encroachments on City rights-of-way - The following criteria for establishing a policF was discussed: sign code covers those signs on City right-of-way; hold harmless c&auses should be submitted by those businesses having stairways ~o basements; in the commercial zones fences were allowed to be built to the sidewalks; at all times access should be maintained by leaving minimum width for sidewalk depending upon the zone. Councilman Comcowich moved to establish the following criteria for enforcement of encroachments on City rights-of-way: (1) signs on City rights-of-way are to be removed; (2) fences to be allowed on some portions of C~ty r~ght-of-way as existing structures if they are useful in landscaping design at the discretion of the City Manager and City Engineer; (3) in all cases encroachments not ~to impede pedestrian traffic; (4) in all cases there shall be sufficient width of sidewalk for the zone in '~hich the encroachment sxists; (5) to allow existing encroachments at this time ~s in no way a franchise for them ~o continue or to be construed as permisslon. Seconded by Councilman Nystrom. Ail in favor, motion carried. Councilmen Nystrom and Whitaker to work with the City Engineer on this project. Zoning Zoning Amendmmnt - Mayor Homeyer opened the public hearing on an amemdment to Chapter 24 - Zoning - Regarding Amendment Minimum Square Footage of Lot Area Required Per Dwelling Unit. Assistant City/County Planner Fred Wooden reviewed with the Council the proposed draft. Also stated the history ~ehind the proposal being a letter received by the Planning & Zoning Commission from the Doremus/ Fleisher~Company regarding the lot area for both studios and one bedroom unites were the same thms more studios ~ere being built than one bedroom, two bedroom etc. units. In reviewing-past records, there have besn very little one bedroom units constructed. Also in the~igh density zones, the lot area requirements did not,meet with the Master Plan. Changes were made in row houses, patio houses, dormitories, r~oming hous~s.~ In addition changed the definitionof ro~ming house, boarding house, and dormitory. The Planning and Zoning Commission recommends adoption of this proposal. Mayor Homeyer closed the ~ublic hearing, no additional comments. Zoning Amendment Councilman Whitaker moved that the recommendation be drawn into ordinance form. Seconded by Councilman Walls Discussion followed in regards to studios actually may be the demand and the change in density that might All in favor, motion carried. Monarch, Hill and Snark Street - Mr. Start Johnson and Attorney Leonard Oates were present and presented a Monarch, Hill proposal for traffic circulation involving the streets named above and properties of Mountain Queen Corpora- Snark St. tion(Stan Johnson representative), Tom Daley and Hans Cantrup. Mr. Oates explained the Mountain Queen Corpo~ ~- tion would be willing to deed to the City sufficient land for a right-of-way, Mr. Daley has agreed to grant the City an easement and feel Mr. Cantrup would be willing to give an easement to the City. Mr. Oates sta- ted Mountain Queer Corporation would be willing to pay all legal fees which are necessary. Councilman Comcowich moved that the City Council go on record of being in favor of acquiring this loop at th~ end of Monarch Street under the following conditions: (1)accept the dedication from Mountain Queen Corpora- ti.on; (2) that we instruct the City Attorney to advise and draw up the necessary documents on the way to handle the Daley property, either by dedication in preserving density or easement if this is sufficient; (3) stand in favor of trying to assert any influence the City might to complete the 10op if they are unsucessful ~ith Hans Cantrup, however,-its to be clearly spelled out in the agreement that any legal fees involved will be paid for by Mountain Queen Corporation; and (4) this be done subject to the Planning and Zoning CommissioI Seconded by Councilman Whitaker. Councilman Comcowich amended the motion that any expenses incurred by the City in obtaining the necessary property or road right-of-way be borne by Mountain Queen Corporation and the City encourage Mans Cantrup to cooperate in this matter as this would be an advantage to him. Seconded by Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Main Motion - Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls ayel Whitaker aye; Mayor Momeyer aye. Motion carried. Teen Center - Student of the Teen Board, Daryl Rankin, was present and read motion made by the Teen Board Teen requesting permission to circulate a questionnaire throughout the newspapers, high school and middle school Center regarding what the future use of the teen center should be. Questic~naire was submitted to Council and reviewed. City Council agreed to give their permission for the questionnaire to be circulated. Request the Teen Bomrd come back to Council with the results of the questionnaire and submit their recommendations. Wheeler Opera House Company Lease - M~nager Wurl reportedto Council Mr. William Tharp would like to nego-. Wheeler Opera tiate his lease to extend from 1974 to 1981 which involves the second floor and the present location of the !House "Pub". Councilman Markalunas moved to not negotiate at this time with Mr. Tharp on the Opera House Company Lease. Seconded by Councilman Comcowich. All in favor, motion carried. Stein, Water - Manager Wurl informed Council, Mr. Henry Stein would like to exchange his raw water right on ~ :~tein, Maroon Creek for the supply ~f treated water for irrigation purposes a~ his proposed development and also the water landscaped area at the Airport Business Center. Draft of the agreement was submitted. Further stated the advantages to the City of the ~ater right and also the entrance to the City would be kept green. The irrigation water could also be used in irrigating the open space belonging to the City. City/County Planner Herb Bartel stated he felt this would be a good thing for the City as it would keep the approach to Aspen beautified and it is expensive for the property ow~.ers to do this at the present water rate Council voiced their concern as to what agreement, as relates tO water, exists between McBride of the Airport Business Center and Mr. Menry Stein. Also concerned this approval would set a precedent. Council request City Attorney Kern to negotiate on tightening up On the agreement and also request City Manager Wurl submit the total cost figures borne by the City. Improvement Districts - Manager Wurl reported that under the City Charter the City must prepare procedures Improvement for improvement districts, thus the sidewalk district has not been prepared. This will be ready by the next Districts meeting so that City can proceed with the sidewalk district. Sales ~a~ report was submitted. Civil Defense Director - Mr. Wurl reported Mr. Franklin is resigning as of September 1st. Me recommends the Civil Defense appointment of John Schmidt. Director Councilman Comcowich moved the City Council is in favor of this appointment. Seconded by Councilman Griffin. A!i in favor, motion carried. Student Vocational Training - Letter from the school was submitted. They are requesting the City consider Student three students that would fit into the different departments. To be considered at budget time. Council Vocational stated they were in favor of this as long as jobs would not be created for this purpose. Training Entire ~:o~nQ.~T stated they were in favor of a special meeting next Tuesday at 4:00 p.m. to consider budgets. Barnard Water Line - Mr. Bartel reported the Planning & Zoning Commission has taken action on this request Barnard from Council, will submit complete recommendation at the next meeting. Water Line Brown Ice Palace Agreement - Council request the following be deleted from the agreement - "except d~ring Brown Ice 3 week hockey school in the last three (3) weeks of August.". Palace Agreement Councilman Comcowich moved that the portion of the agreement mentic~ed above be deleted from the agreement. Seconded by Councilman Griffin. All in favor, motion carried. Councilman Comcowich moved that the a~reement be signed with that section deleted. Seconded by Councilman Walls. All in favor, motion carried. 1341 Regular Meeting Aspen City Council August 28, 1972 RESOLUTION RESOLUTION #15, SERIES OF 1972 was read in full by the City Clemk. (See resolutions book on file in the offi¢ #15 of the City Clerk) Councilman 'Griffin moved to read in full Resolution #15, Series of 1972. Seconded by Councilman Walls. All in favor, motion carried. Councilman Walls moved to amend the resolution to change the food tax refund to $21.00. Seconded by Council- man Griffin. All in favor, motion carried. Councilman Walls moved to adopt Resolution #15, Series of 1972. Seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Nystrom aye; Walls aye; Comcowich aye; Markalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. .. Student Representative Margo Dick thanked the Co~ncil for her appointment to the Council. This would be her last meeting. Councilman Markalunas submitted to the City an old minute book which was at the Historical Society dated 1892 to 1893. Councilman Walls moved to adjourn at 6:45 p.m., seconded by Councilman Griffin. All in favor, motion carried and meeting adjourned. ~ve s ,~' ~k