HomeMy WebLinkAboutminutes.council.197105101160
ular Meeting Aspen City Council May !07 197~
g was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilmen William
~omcowich, Ross Griffin, Jack Walls, City Attorney Albert Kern, City Manager Leon Wurl and
Finance Director Dennis Veeder.
Souncilman Walls moved to approve the minutes of the last meeting as prepared and mailed Minutes
by the City Clerk. Seconded by Councilman Griffin. Ail in favor~ motion carried.
Fitzhugh Scott III arrived.
Councilman Comcowich moved to approve the accounts payable as submitted. Seconded by Council Accounts
Scott, Roll call vote - Councilmen Comcowich aye; Griffin aye; Scott aye; Walls aye; Payable
'or Homeyer aye. Motion carried.
zor's deed to Neil and Pamela Beck was submitted and reported to be in order by City Mayor's Deed
Kern. Councilman Comcowich moved to authorize the Mayor and City Clerk tO sign Lots R & S
the Mayor's deed. Seconded by Councilman Walls. Roll call vote Councilmen Walls aye; Block 59
Scott aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Neil Beck
Day - The following proclamation was read by Mayor Homeyer: Labor Day
Proclamation
PROCLAMATION
WHEREAS, the City of Aspen is in a unique location and benefits from great natural
WHEREAS, it would be fitting to set aside a day for the planting of trees in
commemoration of the interest of the citizens of Aspen toward the beautification of our
City;
THEREFORE, by the authority in me vested as Mayor of the City of Aspen, Colorado, I
do hereby proclaim May 21, 1971, as Arbor Day.
~or Homeyer stated she would like to encourage all to plant a tree.
Club - Mr. Bruce Oliphant was present representing the Rugby Club which have formed Rugby Club
an Aspen Athletic Club, and submitted proposal for use of land at the golf course near
the old pro buildings for practice field for rugby and perhaps other activities as well.
Oliphant stated too many activities are being held in Wagner Park and realize games "~
in the past have ruined the grass.
Sity Manager Wurl reported the area at the golf course is feasible for this purpose on a
temporary basis but feel the Council should not get into anything permanent at this time.
The City presently uses the old pro shop for storage of parks and recreation supplies and
equipment.
Councilman Griffin moved to direct City Manager Wurl to work with the Rugby Club to lay
,ut a temporary playing field for the remainder of the summer season of 1971 and the City
assume the responsibility of maintenance for this period of time. Seconded by Council-
Comcowich. Roll call vote - Councilmen Scott aye; Griffin aye; Walls aye; Comcowich
Mayor Homeyer aye. Motion carried~
Non-Conforming Signs - City Attorney Kern reported there are two ways to go: have that ~on-Conforming
of the ordinance go to District Court and gain a declaratory judgement.; g9 through Signs
Court; or take one case to court and see what happens. Recommend the City do
the later.
Councilman Comcowich moved the City Attorney be instructed to move on this matter using
his best judgement and discretion on how to proceed. Seconded by Councilman Walls. Roll
call vote - Councilmen Scott aye; Comcowich aye; Griffin aye; Walls aye; Mayor Homeyer
aye. Motion carried.
~ #13, Series of 1971 - Mayor Homeyer opened the public hearing. There being no Ordinance ~13
~omments, Mayor Homeyer closed the public hearing. Alley Vacation
Block 10
Councilman Scott moved to read Ordinance #13, Series of 1971 on second reading by title Eames Addition
only. Seconded by Councilman Griffin. Ail in favor, motion carried.
#13, SERIES OF 1971, AN ORDINANCE VACATING THE ALLEY IN BLOCK 10, EAMES ADDITION
TO THE CITY OF ASPEN AND TOWNSITE OF ASPEN, AND RESERVING EXISTING EASEMENTS, IF ANY, was
read by title only by the City Clerk.
Councilman Comcowich moved to adopt Ordinance #13, Series of 1971 on second reading and
order the same published as provided by City Charter. Seconded by Councilman Scott. Roll
call vote - Councilmen Walls aye; Scott aye; Griffin aye; Comcowich aye; ~ayor Homeyer aye.
carried.
Council request the City Manager survey the building on the property and make a report at
the next meeting of possible uses.
1161
Regular Meeting Aspen City Council May 10, 1971
Golf Course Golf Course Closing - City Attorney Kern reported the closing on the property will be
Closing ~ither Friday of this week or next week Monday.
Vacancies on Commissions as of July 1, 1971 - Councilmen Comcowich moved the City Engineer
be instructed to advertise the vacancies that will exist as of July 1, 1971 on the Electio~
Commission (2 members) and the Planning and Zoning Commission (3 members). Seconded by
Councilman Walls. All in favor, motion carried.
Tennis Courts Council questioned when the tennis courts at the Middle School will be set up. City
Middle School Manager reported the school has requested they be put up prior to the closing of the
~ school year. In the past the City has put them up after school has closed.
Public Restrooms Public Restrooms - Council questioned what has happened on this. Manager Wurl reported
Councilman Vare was to come up with a design. Council request Manager Wurl contact Council
man Vare and see what he has to report.
Street Lighting Aesthetic Street Lighting - Councilman Walls reported he is waiting for a sample and
price list.
Recycling Mr. Dave Hyatt was present and request when the Mayor would be appointing the committee
Committee to study re-cycling as outlined at the last meeting. Mayor Homeyer appointed Councilman
Griffin to head the committee.
West Aspen West Aspen Annexation Filing #3 - Manager Wurl reported the petitions have been submitted.
Filing #3, One lot left out, owner does not want to annex. Planning and Zoning Commission has
Annexation approved the annexation and recommend Council proceed.
Resolution #9, Series of 1971 as follows was read in full by the City Clerk.
RESOLUTION NO. 9~
Series of 1971
WHEREAS, the City Council of the City of Aspen has accepted a petition for annexation
of a portion~pf Wes~A~en SaatKtivisio~, Filing )~o. '3 described as follows:
Beginning at a point 1554.06' N 75°46'28'' W from
~ ¢ommong corner of Sections 1. 2, 11 ~ 12, Township
; -~,t0 S~th, Range 85 West of t~e Sixth Principal
Meridian.
Thence N 22050'00'' B 155.97 feet; thence 125.22 feet
around the~arc of a curve to the left whose radius
is 150.00 feet; thence N 24°14'00" W 87.11 feet;
thence 245.88 feet around thm arc of a curve to the
right whose radius is 295.00 feet; thence N 25o08'00''
~ 188.00 feet; thence N 71057'00'' W 207.25 feet;
thence S 00o19'30'' B 53.90 feet; thence S 02~06'00''
W 282.00 feet; thence S 00058'50'' W 125.00 feet;
thence S 00042' W 115.00 feet; thence S 01046'00''
W 95.00 feet; thence S 01~20'00'' W 74.20 feet;
thence S 06010'30'' W 21.0Q feet; thence S 67~10'00''
B 152.25 feet to the. point of beginning.
~xcepting therefrom Lot 5 of West Aspen Subdivision, . -
Filing No.
which was filled with the City Clerk of May 10, 1971 and
WHEREAS, the City Council of the City of Aspen makes the following findings of feet
regarding said annexation:
1. There is at least one-sixth contiguity between the present City.of Aspen and the
area seeking annexation.
2. A commgnity of interests exists between the territory to be annexed and the City,
as evidenced by the following facts:
a. More than 5~ percent 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 percent 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 normal urban services to the area to
be annexed, on the same terms and conditions as s~ch services' are available to residents
of the City of Aspen, and
WHEREAS~ said petitioners are the owners of one hundred percent (100%) of the land
proposed to be annexed and,
WHEREAS, no election is required under said Act; and,
WHEREAS, the City CoUncil determines not to impose additional terms and conditions
~pon said land proposed to be annexed;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen hereby
accepts the petition for annexation.
1162
Regular Meeting Aspen City Council May 10, 1971 ·
Councilman Walls stated he would have to abstain as an owner of one of the lots. Council-
man Comcowich moved to adopt Resolution #9, Series of 1971. Seconded by.Councilmen Scott.
Roll call vote Councilmen Walls abstain; Scott aye; Griffin aye; Comcowich aye; Mayor ~
Homeyer aye. Motion carried.
Ordinance #14, Series of 1971 - Councilman Griffin moved to read Ordinance #14, Series of Ordinance
1971 on first reading. Seconded by Councilman Scott. Ail in favor, with exception of #14, West
Councilman Walls who abstained. Aspen, Filing
#3, Annexation
ORDINANCE #14, SERIES OF 1971, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF
ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS ~
ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT, TO THE CITY OF ASPEN, COLORADO was read by
title only by the City Clerk.
Councilmen Comcowich moved to adopt Ordinance #14, Series of 1971 on first reading and
order the same published as provided by C&ty Charter. Seconded by Councilman Scott. Roll
call vote - Councilmen Comcowich aye; Griffin aye; Scott aye; Walls abstain; Mayor Homeyer
aye. Motion carried.
Sunday Pedestrian Malls - Mayor Homeyer opened the public hearing. Sunday
Pedestrian Malls
Representing the Aspen High School, Miss Leslie Thorpe, submitted' results of the Earth
Day Transportation Study as follows:
Final Key on 1200 Surveys of Earth Day Transportation Study
1. Are you a resident? 1009 Yes 1~5 No
2. How far would you be willing to walk to get to the downtown area? 38 Blocks
3. If you had a choice would you walk to a shop towntown or drive to the airport business
center? 1018 Walk 100 Drive.
4. On the average how many times a week do you drive your car downtown? 4 Times.
5. Approximately how many hours do you stay in town? 1 to 4 hours.
· 9
6. Would you ride a public transportation system if one were provided. 479Every 15 M~n?
165 Every 10 Minutes? 36 Every 5 minutes? 438 Not at all.
7. Would you ride a bicycle on a bike-way, on summery days, if one were provided?
1030 Yes 87 No. ~
8. (Employees down the valley), would you be willing to ride a train or a bus up the
valley if it commuted at convenient times? 437 Yes 105 No.
9. Are you in favor of a pedestrian mall? 111~ Yes 67 No.
As large as the area now closed off? 382 , 595 Larger 113 Smaller __Not in
favor.
Miss Thorpe questioned why the petition~w~s circulated against the malls and what were the
objections.
Mr. Curt Baar was present and stated he did not object to the Earth Day closing but if
the City is serious about malls~ some planning has to go on. The businessmen were assured
that nothing would be one without talking and contacting the merchants. Aspen Lumber and
Tom's Market had very slow days on Earth Day. Do not feel the merchants are against
beautifying the downtown. If this is being done to eliminate cars in the downtown feel
the downtown will die. If people can't park, feel they will go to the other shopping areas
Feel there are alternatives rather than shutting the cars out completely. The City needs
to buy parking lots. Do not agree with trying this on Sunday, fe~l should try ~t on the
busiest day of the week to see how it really works.
Tom~.Benton~ was present and stated ~he was in favor of the malls and would like to see
Hyman included from Galena to Hunter.
Miss Thorpestated during the survey on Earth Day, did contact one of the cashiers at
Tom's Market who stated she had not noticed a decrease in customers.
Missy Sears was present and stated she was in favor of the malls. The majority of people
who shop are tourists and they come here to get away from the congestion etc. of autos.
Tourists like to walk and they are not in a hurry. A mall would make Aspen cleaner and
friendlier.
Mr. Baar stated it is an assumption the tourists do not use their cars. Thirty merchants
feel the closing of the streets would hurt their business.
Mr. Dave Hyatt stated he was in favor of the Sunday closing, feel it should be tried durin ~
the summer.
In favor of the closing and with proper zoning in the County business
would not be driven out of town, because there would be no other place to go.
Mr. Bruce Oliphant stated the Pitkin County Park Association is in favor of the Sunday
closing of the streets.
1165
Regular Me,ting Aspen City Council May 10, 1971~
Mr. Steve Price stated he was in favor and that history~shows of urban development that
downtown areas slowly deteriorate, we should be one step ahead. Willing to experiment thru
the season, would have experience to relate to.
Representative of the Pub stated they are in favor of the Sunday closing.
Mr. Franz Berko was present and stated he was in favor of trying it out, but feel it should
be tried on~a Saturday which would show something.
David Kerr stated ~e was in favor, East Hopkins was not included and would not be against
this also being closed.
Mr. Benton suggest perhaps the streets be closed every other day.
Mr. Baar stated those people who are against the malls are not present.
Mr. Adolph MikliCh questioned that no one has said why the malls and also no planning for
parking has been done. Malls are pretty but parking~has to be considered at the same time.
The parking from the downtown will go to the residential areas. Where is the traffic
congestion.going to go?
Mr. Bob George was present and stated he is in favor of the malls. Agree that Sunday
closing will not prove anything. There is nothing uglier than empty streets and we would
be eliminating 167 parking spaces and where are these people going to park. Malls will
cause seasonal type businesses in the downtown. Feel these things will have to be consider-
ed.
Patricia Smith stated sh~ was in'favor. Pinocchio's.business was better on Earth Day. Feel
we have to go through a reeducational process of our values in general. The major air
polluntant is the auto and whether We combat this with walking, education or legislation,
we have to start ~omewhere. On Earth Day, with the streets closed, everyone seemed to be
relaxed.
James Breasted stated he was in favor, feel Saturday would be a better closing day.
Mr. Everett Pierce stated he was in favor, and it should be tried and why not try Sunday
when there is not the parking problem a~d those businesses such as liquor stores and
markets are closed.
Mayor Homeyer closed the public hearing.
Mr. Herb Bartel, Regional Planner, stated we must find the point of beginning at little
expense to the City. Suggest the Council refer this to the Planning and Zoning Commission.
The concept of parking for Rubey Park is still being considered, costs $5,000 per space
for underground parking. Parking will be an integral part of the mall plan and to do a
mall will cost between 1 to 2 million dollars.
CounCilman Walls stated he has been working on a mall plan and it is felt prior to talking
to the business people, a plan of a mall on paper should be prepared first. Agree planning
should come first.
Councilman Comcowich moved to refer this matter to the Planning and Zoning Commission for
recommendation specific to-area; day or days to be clbsed; length of time of temporary
project and all other criteria that they feel might be helpful to Council in reaching an
evaluation on a mall in a more permanent nature and make a recommendation to Council by
the next meeting. Seconded by Councilmmn Walls. Roll call vote - Councilmen Walls aye;
Scott aye; Griffin aye; C~mcowich aye; Mayor Homeyer aye. Motion carried.
Monarch Street Monarch Street - Manager Wurl reported Counci~lman Whitaker asked him to relay to Council
his request this be tabled until Councilmmn Whitaker's return.
Mr. Ed Adel, owner of the Rocky Mountain Pet Shop was present and request~the parking be
returned to what existed prior to Councilman Whitaker's request. Had no problems one day
this last winter when the City forgot to plow Monarch Street.
Councilman Comcowich moved that the parking revert back to what it was before the trial
period. Seconded by Councilman Walls.
Discussed types of parking and hazards involved.
Roll call vote Councilmen Camcowich aye; Griffin aye; Scott aye; Walls aye; Mayor
Homeyer aye. Motion carried.
Regular Meeting Aspen City Council May 10, 1~71
Transportation Study - CoUncilman Walls moved to approve the study for transportation as Transportation
outlined by Mr. Herb Barrel.as well as the Voorhees Report. Seconded by Councilman Scott. Study
Roll call vote - Councilmen Scott aye; Walls aye; Griffin aye; Comcowich aye; Mayor Ho- ~-~
meyer aye. Motion carried.
Swimming Pool - City Manager Wurl submitted a compilation of the bids which were submitted Swimming
in March, cuts made in the low bid in order to meet the budgeted figure and Outline of Pool
the budgeted figures. Also reported he had contacted the School District and the Depart-'
ment of Fish and Game to see if the funds allocated to the lighting for Bavaria Park
could be transferred to, the swimming pool. Department of Fish and Game have given their
approval fo= transfer and the school has given tentative approval. Still remains a deficit
of approximately $9,000 to meet the final cost figure. Difference between $148,~20 and
$157,400.
Councilman Comcowich moved that we support the project subject to City Manager Wurl being
able to negoiate on the money from the school and proceed on that basis. Seconded by
Councilman Walls. Roll call vote - Councilmen Walls aye; Scott aye; Griffin aye; Comcowich
aye; M~yor Homeyer aye. Motion carried.
Councilman Scott moved to go into executive session, seconded by Councilman Comcowich.
All in favor, motion carried.
Council reconvened into regular session.
Councilman Scott moved the City authorize the City Manager to advertise the Happy Hearth Happy Hearth
Inn for sale or lease, all offers to be submitted to the City Manager. Seconded by Council- Inn
man Griffin. Roll call vote - Councilmen Comcowich aye; Griffin aye; Scott aye; Walls
aye; Mayor Homeyer aye. Motion carried.
Councilmen Griffin moved to adjourn at 6:50 p.m, seconded by Councilman Scott. Ail in
favor, meeting adjourned.
~----~Lorraine Graves, City Clerk