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HomeMy WebLinkAboutminutes.apz.19640623 RECORD OF PROCEEDINGS 100 Leaves fOR'" 10 C.F.HOECKELB.B.llL.CJ. MEET:rnG OF THE CITY AND COUNTY PLANN:rnG AND ZON:rnG COMMISSIONS, THE CITY COONCIL, AND THE COUNTY CCl4MISSIOOERS JUNE 23, 1964 ASPEN CITY HALL Present were: Jack Walls, Chairman, Francis Whitaker, Andrea Lawrence, Richard Lai, Hory Stein, Sam Caudill, Edward Morse, Fredric Benedict, Edgar Stanton, Mayor Harald Pabst, Dr. Robert Barnard, David Stspleton, Tom Sardy, Sa Howell, Bill Dunaway, Henry Thurston, Building Inspector, John Kerrigan, City Adminis- trator, Dorothy Hoff'lnan, City Clerk, Lefty Brinlonan, and Richard Brown of the State Division of Commerce and Development. The meeting was called to order by Jack Walls who opened it by reading a report concerning a meeting held June 11, 1964, in the offices of Paul Lester Wiener, New York City. Prese!lt at this meeting were Jack Walls, Richard Brown, Bill McEachern, and Richard Bender, an associate of Paul Lester Wiener, Aspen Area Master Pl8.D!ler. After the reading of this report Mr. Pabst mentioned that, on the basis of this report, the liOrk done to date by Wiener's office sppeared to be 211% complete, and asked about the time element. Mr. Walls stated that we were in a time bind. There is no clause in the con- tract with Mr. Wiener for sUllpension, so a decision IllUst be _de as to whether to let Mr. Wiener continue or close it off now. He felt it would be fall be- fore Aspen had amy sort of plan from Mr. Wiener. Mr. Brown was asked what the State's procedure was in regard to Mr. Wi81\er's plan. He said that the work was submitted to them at the same time as Aspen received it. The State then went over the work submitted and approved or disappreved. He said that the State could not judge whether or not the plan was meeting Asp8ll' s requirements, and, therefore, it is up toAspen to decide this. If this decision is reached, then letters should be sent to the State asking for termination of the contract. The three legislative bodies writing to the State requsti.ng termi:aation would be the City Council, County Commissioners, and the Aspen Institute. Mr. Brown said the State felt that the work submitted to date by Wiener's office was not satisfactory, and that lRuch of it would have to be re-done. Mr. Pabst asked that if Mr. Wiener was allowed to continue, sppro:ximately how long would it take to complete the plan. Mr. Brown said it would depend upon how many people Mr. Wiener put on the project. Mr. Lai aaked about the possibility of engaging another pl8.D!ler at this sta", and would he be able to pick up where Mr. Wiener left off without any loss to the City. Mr. Brown stated that everything compiled to date belongs to the City, and that this material could be turned over to a new consultant. He felt that the amount of money left for the plan would be sufficient for a new consultant to carry the plan through to completion even if some back tracking had to be done because first class planning had been done for cities the size of Aspen for less than the $31,000.00 left. He said, however, that the members present would have to bear in mind that Mr. Wiener might not settle for the 8IIIout the felt was due him, and an agre8lllut with him, money wise, would have to be made before the contract could be cancelled. The contract is actually between the State and Mr. Wiener, as the State provides 2/3rd's of the monty, and Aspen supplies 1/3rd. Therefore, if amy legal dif- ficulties arose, the Attorney General of the State of Colerado would be called in to handle them. Mr. Walls stated that since much of the work llUbmitted to date by Mr. Wiener had beeimi.J1.cemplote, he could not see any point in continuing with it, but that this was up to the legislative bedies to make the tiDal decisien. Mr. Walls then asked for the IRElIIIbers ef the City Planning and ZoniBg Board te join with him in recoDllllending to the City Council that the cont:llact be cancelled. Mr. Lai seconded this 1II0tion. MotioR carried. Mlqor Pabst felt that a special meeting should be called by the Council to oonsider the Commissiell's recom- mendation. He asked if the City should check with an attorney to be sure that due legal process is being followed. Mr. Brown stated that all the State would need would be the three letters from the legislative bodies asking for cancel- lation, and then they would immediately notify Mr. Wiener of the termination of the contract. At that time they would COIIIO to terms with Mr. Wiener in regard to the amount of work he has c01llj)leted. He then read from Section 10 24 RECORD OF PROCEEDINGS 100 Leaves FORM!G C. F. ~OECKEL B. B. a L. co. -2- ef the Contract, Termination of CoRtract for Cause, with Mr. Wiener. Mr. Pabst, asked who actually passed final judgment regarding the amount of work that has been completed by Wiener's office. Mr. Brown said that Mr. Walls, Mr. McEachern, and himself had spent a lot of time in WieJler' s office going over everything step by step, and that they all had cOllie up with the same pero81\tage of work oempleted, Le. 25%. Mr. Walls then asked if Mr. Brown would be able to give the _bers any idea as te when work could start with a new pl8.D!ler, providing the legislative bedies all agreed to cancel the contract lIith Mr. Wiener. Mr. Brown stated that this would !iinge on whether Mr. Wiener agreed to the amount ef money to be paid him. If this had to be taken iIlto Court, then, of course, it wuld take a IllUch longer period of time. He said the State had never gone through u;ything like this previously so he could not definitely state the amount of time it would take. Mr. Morse wondered that if thee City hired a new consultant the~^e might not be a conflict of interests between Mr. Wiener and he. Mr. Brown felt that if a court case was involved, Mr. Wiener would not turn over any material he had until it was settle, but he pointed out that a good deal of this material was already in Aspen's hands. Mr. Whitaker then asked who was representing the Institute at this meeting, and Mr. Pabst stated that he was. Mr. Morse said that the County Planning and Zoning Conunission had reached a decision regarding the termination of the contract, but the decision had not been taken in the form of minutes, and in order to tollow the proper channels they preferred to submit their recommendation the following day to the County Connnissioners. Sam Howell said the County Connnissioners would then call a special meeting to "take care of the matter immediately. He also commended Mr. Walls for his excellent report, and expressed the Com- missioners appreciation for the time he had taken to make the trip and sub- mit his report. Mr. Walls then declared the special meeting closed at that time, which was 8: 30 P. M., and asked the City Planning and Zoning Connnission to remain as they had several items to consider. The meeting then reconvened with members Whitaker, Walls, Lai, and Lawrence present. Mr. Walls said he had written a letter to Mr. Roark regarding the rec- commendations made by the Connnission in regard to the proposed motel, but that Mr. Roark had misunderstood. He said that Mr. Roark would be in Aspen this Thursday or Friday, and he woula go over this metter with him. He said because of what had appeared in the paper regarding this situation, Mr. Roark was experiencing some difficulty with the owner of the property. Mr. Walls then showed two new drawings of the motel that Mr. Roark had sent to him. Mr. Walls said that one main item that must be "taken care of at this meeting was in regard to the proposed service station. He stated that he had taken the service station drawings and the petitions submitted to the Board of Adjustment to New York for examination by Mr. McEachern, and that Mr. McEachern still felt the same way regarding the traffic hazard such a station would create. Mr. Whitaker stated that there were two particular points in regard to the proposed station; 1. the actual location, and 2. the large signs. He thought the Connnission should move to support recommendations against granting a building permit, and also against granting a variance for a sign. Mrs. Lawrence felt that the City Board of Adjustment would be behind such recommendations. Mr. Whitaker felt that the more non-conflilrming uses the City had, the more difficult it would be to control them. Mr. Walls then made a motion that the Planning and Zoning Connnission recommend to the Board of Adjustment that they deny a permit to the service station on the ground s of a traffic hazard. Mr. Lai second ed the motion. Motion carried. 25 RECORD OF PROCEEDINGS 100 Leaves FOR~!1 C. F. HOECKEL B. B. 81 L. co. -3- Mr. Whitaker then made a motion that the Conunission recommend to the Board of Adjustment that they deny a variance for the excess size of the signs. Mr. Walls then put in the following note: ( the above is in regard to the fact that we have been attempting for the last two years to negotiate with the different oil companies for the removal of their large signs which are not in conformance with the existing sign ordinance.) Mr. Lai seconded Mr. Whi taker's motion. Motion carried. Mr. Walls said that the zoning ordinance changes were in the process of going through. He stated that something came up, not planned on, regarding the change of zoning from business to "Courist in the West end. He had written to Mr. Balcomb when he sent the ordinance changes to him, indicating he felt the City would be sticking its neck out without study and research of this zoning matter before having a meeting, but that since such a meet- ing was going to be held anyway, the Conunis sion should work up a case. Mr. Dunaway said that this had been recommended by the Planning and Zoning Cormnission in the minutes of their meeting two years ago. At that time the Conunission had recommended that the City Council take ~egal action regard- ing this metter. Mr. Walls said that, at this time, it was a question of the time element as the Cormnission had only two weeks before the meeting July 8th, to thoroughly study and research the proposed zoning change. He has talked to Mr. Kerrigan and Mr. Thurston, regarding the possibility of Mr. Thurston's working up a land use map of this section of town to use as a visual aid in justifying the re-zoning. He said that when the public meet- ing was held, the Conunission would have to have all the requirements worked out in concrete form, such as the set backs, etc. Mr. Whitaker stated he was reluctant to have this re-zoning move made now, but since there was no choice, could some sort of a compromise be worked out. Mr~. Lawrence thought it might be classified as tourist as a stop-gap measure. Mr. Walls said that then it would be tourist all the way into town and a strip development might spring up. Mr. Whitaker wondered if a compromise might be worked out in regard to regulating the .type of business that could operate in that part of town. He felt that a battle would ensue if the commercial value of the property there was taken away without good reason. Mr. Walls felt that this property would probably be in the neighborhood of $1,000.00 over what regular tourist zoned property would sell for. He also pointed out that this was in fire zone number 2, and buildings could be built up to the property line. He then appointed Mr. Whitaker and Mr. Lai as members of a conunittee to work together with Mr. Thurston on a land use map. Mr. Pabst stated the Council was meeting for discussion of this problem on July 6th. Mr. Walls felt the City Planning and Zoning Conunission should hold a meeting on the Iirst of July for discussion of this problem and research. It was decided to hold a special meeting July 1, 1964, at 8: 00 P.M., and have a special joint meeting with the council on July 2,1964, at 8:00 P.M. Noticesfor these meetings will be sent out June 29th. Mr. Walls then told the Conunission that the County Board of Adjustment had voted to rezone the Dorothy K. Shaw property to Tourist on July 19, 1964. Lefty Brinkman then took the floor with plans showing the Brown Palace Ice Rink. The rink, at present has a roof that overhangs the sidewalk. They are putting up a retaining wall which Will be fence and canvas and probably will be a permanent wall at some later date, and wish a variance to go to the property line with this wall. He also felt that this should be granted because the ice rink was in reality a public facility. Mr. Walls said the Commission would study the matter and discuss it at their next meeting. Meeting adjourned at 9:05 P.M. Respectfully submitted, recorded by Marje L. Houle 26 Francis Whitaker, Secretary