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HomeMy WebLinkAboutminutes.council.19720313Regular Meeting Aspen City Council March 13~ 1972 Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Scott Nystron William Comcowich, Ross Griffin, Ramona Markalunas, Jack Walls,. Francis Whitaker, City ~ Attorney Albert Kern and City Manager Leon Wurl. Councilman Griffin moved to approvethe minutes of February 28th as prepared and mailed Minutes by the City Clerk. Seconded by CounDilman Walls. All in favor, motion carried. Councilman W~lls moved to approve the accounts payable as presente~ by the Finance Depart- Accounts ~ent. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich Payable aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye;!Mayor Homeyer aye~Motion carried. Happy Hearth Inn- Proposed Us~ - Letter from the League of Women Voters was presented to Happy Hearth Council stating this is not on their stud~ program and ~annot take a stand on the issue Inn - Proposed until such time as an in depth study is made and a concensus is reached by the total mem- Use bership. Mayor Homeyer pointed out that previous statements by the League at the timm the City was proposing to sell the building, the League was against the sale. Council Goals - Mayor Homeyer reported not all. of Council appeared at the study session Council held last week, the only determination that was made is to hold off at this time and Goals await the submission of the transportation study which is due on the 15th of March. Councilman Griffin moved the Council instruct City Attorney Kern to enter, into discussion Salvation with the Salvation Ditch Company to obtain water rights which are not being used~ S~conded Ditch by Councilman Walls. All in favor, motion carried. Hunter Creek Resolution - Resolution passed by the City.Planning and Zoning ComMission was Hunter Creek submitted encouraging and urging the purchase {dr public~ domain of the McCulloch properties Resolution in Hunter Valley by the U~. S. Forest Service. Councilman Comcowich moved to instruct City Attorney Albert K~rn to draft a similar res- olution for consideration at the next meeting. Seconded by Councilman Markalunas. All in favor, motion carried. Public Service Contract, Modification -~City Manager Wurl reported the increase is actuall~ Public Service 4.9 rather than the~6.5 mentioned previously.~Councilmmn Griffin moved to authorize the Contract Mayor and City Clerk to sign the modification. Seconded by Councilman Nystrom. Councilman Whitaker stated his concern and wished to be. assured the City could meet this increase. Roll call vote - Councilmen Whitaker aye; Walls aye;_Markalunas aye; Griffin aye; Comcowic aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Flusher - Manager Wurl reported he was only able to obtain one bid locally, suggest the Flusher Council authorize calling for bids out of town. Council instructed Manager Wurl to go ahead and obtain further quotes for the meeting of March 27th on tb~ flusher~a~d call for bids on .the tank and engine for award~f bid at the meeting of April 10th. Council further requested alternate bids be called for on the truck for propane and diesel. Emergency Employment Act - Manager Wurl stated he was notified that the unemployment in Pigkin Couhty has risen to 10.5%. Because of the high unemployment we have been encouraged 1289 ..... Regular Meeting Asp~ Cfi.~ ~Yn~.il ....... M~r~h 1~, 1972 . Emergency to apply for federal grant monies which would cover 90% of the salaries for additional Employment personnel. Grant application was submitted by Mr. Wurl for the personnel deleted from the Act budget due to lack of funds (6). Grant monies would cover 18 to 24 months with the ~', requirement that the personnel be retained following thos period of time. Councilman Comcowich stated this is one of the wealthiest counties in the State and the intent of the act is to help depressed areas, not create work programs. Manager Wurl reported it is not required that the personnel hired come from the unemployment rolls. Councilman Whitaker moved to authorize City Manager Wurl to make application for grant, Seconded by Councilman Griffin. Councilman Comcowich stated principals are involved - do you apply, for every.,grant that c~omes along. Roll call vote - Councilmen Nystrom may; Comcowich nay; Griffin aye; Markalunas nay; Walls nay; Whitaker aye; Mayor Homeyer nay. Motion not carried. Street Downtown Street Cleaning- Manager Wurl reported a new program was started two days ago Cleaning whereby the City is divided into 5 areas. An area is blocked off and a thorough job done of cleaning and then on to'the next area. Feel a better job can be done by this method, So far have received compliments on the job done. Suggestion was made by Council that a public service announcement be made on the radio stations encouraging people to wash down their sidewalks so that the dirt and debris can be picked up by the sweeper and flusher. Pro Shop Pro Shop Space - Manager Wurl reported in return for pro shop space of about 400 square Space feet and the ma intainance of the area between the lodge and tee #1, the leasee of the Ptarmigan Lounge would like to have the City pave the parking lot. Engineering Department submitted cost estimates for base and paving of $10,500 or penaprime and double seal and chip of $3,250.00. Council discussed and stated they felt at this time the use of the Happy Hearth has not been established and alos this price was too high to pay for a pro shop space. Manager Wurl pointed out the benefit of the pavement would be longer than the remaining 3 years on the lease of the Happy'Hearth. Council request Manager Wurl negoiate with the Leaseae of the Happy Hearth for an outright lease price ~or a pro shop. Historical Zoning - Mayor Homeyer opened the publi~ hearing. Fred Wooden, Assistant Planner gave a brief background on the ordinance and outlined the duties and functions of the Historical Preservation Commission. Further request the following memorandum be made a part of the record: Elements of the Historic Preservation Program 1. Amendment to the zoning code adding the historic preservation overlay district. 2. Formation of a historic preservation commission and development of support by other civic minded persons and groups to oversee and encourage a better understanding of historic preservation. 3. Identification of public and quasi public building landmarks for consideration for designation; to include such buildings as: the Wheeler Opera House the Stollard House one of the churches. (It is not the intent of the historic designation program to turn landmarks into museums or simply to save buildings; it is the intent to use those buildings for a variety of uses consistent with cultural interests.) 4. A total inventory of historic buildings, sites and areas to be considered for des- ignation. The Need for Historic/Cultural Preservation 1. Historic/cultural heritage of the community represents a valuable resource which if managed carefully can assure Aspen's future as a year round resort and its competitive position with regard to new, planned recreation resorts. 2) Historic/cultural heritage plays an important role in making ~p a community people come to visit. 1290 ReKular Meeting Aspen City Council Ma~h 1~. lq72 c) Interest in the historical/cultural heritage of the community is dem-' Historic :~.~c onstrated by ~isitors to the museum (2800 last' year) and the sale and dis- Zoning tribution of "walking tours'.'. 2. Historic/cultural heritage cannot survive with growth pressures that are being experienced, and accompanying change ensuing from this growth will result in loss of important elements which have given a distinctive character to the community.' On the other hand, the preservation approach will complement the new development occurring in the County. 3. Historicfcultural preservation represents a positive force for providing incentive for property improvement by local residents and the opportunity to improve the quality of life and contribute to character and educational values. It will accommodate the overall development program of the community and help pm~serve order amoung the changes that are occurring. 4. Preservation will encourage a stable population and discourage out migration of those residents who have, donated their efforts and taken pride in the Aspen Community. 5. Historic/cultural heritage and resources that are lost cannot be replaced and, unless presented, the continuing appeal, of Aspen will be challenged. Council discussed the responsibilities and authority of the HPC and their authority to stop a project i.e remodeling of City Hall; designation without owners consent and des- ignation of open land. Mrs. Joyce Gould was present and stated the Historical Society for members on the Commission. The Historical Society feels the town heritage should be preserved, looking towards harmoney in town and this ~ a positive approach to getting people to take pride in their property. Councilman Markalunas stated the Society has used the year 1895 as a guideline. Karyl Roosevelt stated she felt it was terribly important for~:Ccuncil to pass this measure. Curt Baar questioned if the interior of building were affected. The anwer was no. Mayor Homeyer closed the public hearing. Councilmmn Griffin moved to instruct the City Attorney to prepare the ordinance for consideration at the next meeting. Seconded by Councilman Comcowich. Ail in favor, motion carried. ResOlution #3, Series of 1972 - Councilman Walls moved to raad Resolution #3, seconded Resolution #3 by Councilman Comcowich. Ail in favor, motion carried. Annexing of West Aspen Sub. RESOLUTION NO. 3 Filing #3,Lot 3 Series of 1972 WHEREAS, the City Council of the City of Aspen has accepted a petition for annex- ation of a portion of West Aspen Subdivision, Filing No. 3 described as follows: West Aspen Subdivision, Filing No. 3, Lot No. 3 which was filed with the City Clerk on October 22, 1971 and WHEREAS, The City Council of the City of 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 interests exists between the territory to be annexed and the City, as evidenced by the following facts: a. Less than one-half of the land to be annexed is agricultural, b. It is physically practical to extend normal urban services to the area to be annexed, on the same terms and conditions as such 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~e%ection is required under said Act; and, WHEREAS, the Ctiy Council determines not to impose additional terms and conditions 2upon 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. was read in full by the City Clerk. 1291 Regular Meeting Aspen City Council March 13, 1972 Councilman Walls moved to adopt Resolution #3, Series of 1972. Seconded by Councilman Nystrom. Roll call vote Councilman Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Ordinance 82, Series of 1972, 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. Ordinance #2 Councilman Whitaker stated the Council should consider the costs of the annexation prior Annexing West to adoption. Aspen Sub, Filing #3, Councilman Comcowich moved to adopt Ordinance #2, Series of 1972 on first reading. Seconded Lot 3 by Councilman Walls. Roll call vote - Councilmen Markalunas aye; Griffin aye; Walls aye; Comcowich aye; Whit- aker nay; Nystrom aye; Mayor Homeyer aye. Motion carried. Ordinance #3 Ordinance #3, Series of 1972 - Herb Barrel, City/County Planner stated all changes have Square Foot been made that were discussed at the public hearing. Limitations Council request Pawn Shop be deleted whereever~it appears in the ordinance. Councilman Walls moved to read on first reading Ordinance No. 3 with the deletion of pawn shop. Seconded by Councilman Griffin. Council agreed second raading of the ordinance should be tabled until action is taken by the County. Ail in favor, motion carried. ORDINANCE #3, SERIES OF 1972, AN ORDINANCE AMENDING SUBSECTION (A) OF SECTION 7, CHAPTER 24, C-1 COMMERCIAL, SUBSECTION (B) OF SECTION 7, CHAPTER 24, C-C COMMERCIAL CORE, AND SUBSECTION (C) OF SECTION 7, CHAPER 24, C-2 COMMERCIAL OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; ADDING USE SQUARE FOOTAGE LIMITATIONS ON ALL RETAIL AND COMMERCIAL ESTABLISHMENTS IN THE COMMERCIAL ZONE DISTRICTS OF THE CITY; DELETING AUTOMOBILE ACCESSORY STORES AND PAWN SHOPS FROM PERMITTED USES IN C-1 COMMERCIAL AND C-C COMMERCIAL CORE ZONE DISTRICTS; DELETING CERTAIN CONDITIONAL AND PERMITTED USES IN THE C-2 COMMERCIAL ZONE DISTRICT was read by title only by the City Clerk. _ Councilman Walls moved to adopt Ordinance #3, Series of 1972 on first reading. Seconded by Councilman Griffin. Roll call vote Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Commercial Neighborhood Districts - Mr. Barrel stated rather thmn2designating specific areas, established the criteria that districts only be allowed in areas that are not sub- divided at the time of adoption of.the ordinance and those that front on 100 feet right of way. Councilman Walls moved to instruct City Attorne~ Kern to draft the ordinance for consid- eration at the next meeting. Seconded by Councilman Nystrom. Ail in favor, motion carried Vance Suit Vance Suit - City Attorney Kern request authorization from the Council for the Mayor to sign the Reservation Rights Agreement so the insurance company can represent the City on this case. Councilman Griffin moved to authorize the Mayor to sign the Reservation Rights Agreement so the insurance company can defend the City. Seconded by Councilman Comcowich. All in favor, motion carried. Council request the City Attorney give a report at the next meeting on non-conforming sign~ Holy Cross --Manager Wurl reported the City's answerto Holy Cross will appear in the news- papers rather than through a mailing as suggested by the City's Attorney. Councilman Griffin moved to adjourn at 6:35 P. ~., seconded by Councilman Whitaker. All in favor, meeting adjourned. Lorraine Graves, City Clerk