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HomeMy WebLinkAboutminutes.council.19720612 Regular Meetin8 Aspen City Council June 12, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:30 p.m. with Councilmen Scott Nystrom, William Comcowich, Ross Griffin, RamoDa Markalunas, Jack Walls, Francis Whitak~r~ and Finance Director Dennis Veeder. Minutes Councilman Walls moved to approve the miDutes of May 23rd and 30th as prepared and mailed by the City Clerk. Seconded by Councilman Griffin.. Ail in favor, motion carried. City Attorney Albert Kern and City Manager Leon~Wurl arrived.' Brownell Final City/County Planner submitted the final plats~ and reviewed with the Council the recommen- Subdivision dations of the Planning & Zoning Commission (June 6, 1972). Appraisal prepared by Plat and Appro- Roy Vroom was submitted ou~lini-ng the following: R-6 are~ $22,000; RMF area $15,392.00. val of PUD Attorney Art Daily reported he felt the appraisal was based on present zoning without Plan improvements. Further request the Council consider requiring the 4% monies be paid as follows: 4% on the R-6 area and 2/5th on the RMF area since this will not be developed at this time. Council agreed not to establish a precedent of accepting partial payment. Councilman Whitaker moved to approve the final subdivision plan with the exception Brownell Final that an improvements agreement for Gibson Avenue not be required under the subdivision Subdivision Plat regulations but improvements be required under the building permit. Seconded by Council- ~nd Approval of man Comcowich. Roll call vote~- Councilmen Whitaker aye; Walls aye; Markalunas aye; Plan Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker moved that the 4% contribution be required according to the established valuation of $37,392. Seconded by Councilman Nystrom. Roll call vote Councilmen Markalunas aye; Griffin aye; Walls aye; Comcowich aye; Whitaker aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker moved to rezone the R-6 portion containing lots 1 and 2 and commons area to R-6 PUD. Seconded by Councilman Comcowich. Roll call vote - Councilmen Markalunas aye; Griffin aye; Wall~ aye; Comcowich aye; Whitaker aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Petiition submitted June 5th and on file with City Clerk. Planner Barrel reviewed ~ Villa Annexation with the Council recommendations of the Planning and Zoning Commisaion (June 6, 1972 m~mutes). P & Z recommends annexation. Council discussed access to the property from the~highway and curb cuts. Council stated their dissatisfaction with the recommendation from the P & Z w~ich did not include their recommendation on what is proposed for the site etc. Council suggest this be referred back to the Planning and Zoning Commission for recommendation on parking and curb cuts. Councilman Whitaker moved to continue this item till the next meeting. Seconded by CounCilman Comcowieh. All in favor, motion carried. City Manager Wurl request clarification from Council on what they desire as a recommen- dation from the P & Z Commission. Council request the P & Z give full scrutiny to all annexation i.e. whats proposed-for the site following annexation. Plat submitted Showing present utility easements on the property. Easements estab- Tilla Vacation lished when streets and alleys vacated~in 1957, agreement allowed for building over uest the easements until such time as the City desired to exercise the easements and then would be the property owners expense to move the utilities. Charles Gilkey, City Engineer reported there are existing utility easements on 8th Street and in the alley, agree with this request. Request also included deeding to the City a portion of land at the intersection of Hallam and 8th Street. Council request the proper documents be prepared to accomplish the request including also a sideline easement restricted to underground utilities. Council to consider at the same time as annexation. Hotel Jerome - Jo Ann Timba was present and stated all points have been cleared up. Liquor License Council request the Sanitarian follow this up and report to Council. Interviews Gepetto's - Member of the corporation was present and stated when the violations occurred the restaurant was under a management agreement, which no longer exists. Presently in the process of remodeling the premises. Gallery - Sanitarian reported the v~olationS were connected with the upstairs operation, the downstairs managers have now taken over the upstairs operation. Council request a follow up report be given to Council within 15 days. Danny's - Sainitarian reported they have complied with all violations. R~deling form required by State submitted. Council informed the ~pplicant, permission T & E Corporation has to be obtained prior to remodeling. Councilman Comcowich moved to approve the request. 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. Request to serve liquor in the basement area. City Attorney stated a certificate of Andre's Remodel- occupancy would have to be issued prior to anY selling of liquOr in this area. lng Councilman Griffin moved to table this request until the applicant can be present. Senonded by councilman Comcowich. All in ~avor, motion carried. City Manager Wurl reported he has applied to the Board of Examiners and Appeals. Tom Bention Building Violation Letters to serve were submitted from Barbara McLoughlin.~and Florence Glidden. Historical Councilman Markalunas to contact those members of the Historical Society who are Preservation interested in serving. Tabled till next meeting. Committee Fred Smith,~ C6uncilman Whitaker moved to approve the request for.a third curb cut as per plot plan Curb Cut submitted. Seconded by Councilman Walls. Councilmmn Nystrom stated he would abstain due to conflict of interest. Roll call vote - Councilmen Nystrom abstain; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor~Homeyer aye. Motion carried. Dean Street, City Engineers recommendation included money to be put into escrow for curb, gutter and %'~ Curb, Gutter sidewalks for Dean Street. Construction of same to be reviewed at the time transpor- and Side- ration study is submitted. Walks Councilman Whitaker moved to follow the recommendations of the City Engineer calling for the money for improvements abutting Dean Street be put into escrow at th~ time. Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom abstain; Mayor Homeyer aye. Motion carried. City Engineer to submit estimate of cost. Clean-Up Sanitarian Kinkade reported he has given Rio Grande and Esco 20 days to clean up their Campaign property. Gave breakdown of hours spent on the campaign. Kinkade to give a report at the next regular meeting on Rio Grande and Esco. Continental Inn Plan was submitted. Council request the necessary document be prepared so the City is Retaining Wall held harmless, also table this item until the applicant is present to state what is to be done about the entire wall. Design Confer- IRepresentative was present and stated she had understood permission had been granted for ence Street 6 days. Council stated they had agreed to one day, representatives wet to submit a land- Closure scaping plan and signatures of adjoining owners that they were in agreement with the closure. Councilman Griffin moved to extend the closure to Monday, June 18th and Council to review plans at that time for further extension. Seconded by Councilman Comcowich. Ail in favor, motion carried. Wagner Park City Manager Wurl submitted memorandum outlining the alternatives to seeding of the park as follows: Close the part most of the summber so the seeding can take hold that has been planted; let the Aspen Athletic Associatzon sod the park (cost $1800) or wait and budget in 1973 for sodding of the park. Mr. Bruce Oliphant and Steve Sherlock, Aspen Athletic Association~were present and stated they would be willing to sod the park and the City could consider budgeting in I973 for reimbursement, not'demanding reimbursement in.1973.. Councilman Griffin moved to allow the Aspen Athletic Association to Sod the.park and at budget time Council consider the condition of the park for additional sodding and ~ossible reimbursment. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markaluna. s aye; Walls aye; W~itaker aye; Mayor Homeyer aye. Motion carried. Magic Pan State form was submitted. Councilman Griffin moved to approve the request. Seconded Remodeling by Councilman Markalunas. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Accounts Payable Council questioned the dues to the Rotary Club for Ritchey, Leslie and Barrel. Manager Wurl reported this is standard in most cities since the requirements of the Rotary~Club are so restrictive. Councilman,~;Walls moved to approve the accounts payable. Seconded by Councilman Comcowich. Roll call vote - Councilmen Comcowich aye; Walls aye; Whitaker nay; Nystrom aye; Markalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. Aspen Alps Mall Plan was submitted for closure of Ute Avenue between Spring and Original, emergency access shown, agreement from adjoining property owners obtained. Councilman Walls moved to approve the closume subject to a landscaping plan being submitted, construction to take place this summber and construction and maintenance costs to be owners expense. Seconded by Councilman Nystrom. All in' faovr, motion carried. J. R. Williams Councilman Walls moved to read Resolution #7, seconded by Councilman Comcowich. Roll Annexation call vote - Councilmen Nystrom aye; Comcowich nay; Griffin nay; Markalunas nay; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion not carried. Councilman Whitaker moved to read the Counter resolution #7-A. Seconded by Councilman Markalunas. Ail in favor with exception of Councilman Walls who voted nay. Motion carried. Council stated they did not'want to annex this area due to the density and true costs were not submitted. RESOLUTION ~7-A, was read by the~City Clerk as'.follows: ' ' J.R. Williams - Annexation The City Council of the City of Aspen refuses to accept the petition for annex- ation/annexation election from J. R. Williams Properties for the following reason: A. The area isnot'eligible-.for'annexation since: 1. There is less than one-sixth boundary contiguity. 2. At least two of the following are found to exist: (a) Less than fifty (50%) percent of the adult residents of the area make use of part or all of the following types of facilities on the annexing municipality: Recreational, civic, social, religious, industrial or commercial; and less than twenty-five (25%) percent of its adult residents are employed-in the annexing municipality; (b) One half or more of the land in the area proposed to be annexed is agricultural, and the landowner or landowners of such agricultural land as constitutes at least one-half of the total area proposed to be annexed (including streets), under oath, express an intention to devote the land to such agricultural use for a period of not less than five (5) years; (c) It is not physically practicable to extend services to the area. B. Although the area desiring annexation is eligible for annexation, the City Council finds that it is not in the best interest of the municipality to commence annexation proceedings at,the present'time. " " Councilmmn Whitaker moved to adopt Resolution ~7-A, seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls nay; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried~ iCouncllman Marka~unas moved t? read R?solution #9, Series of 1972. Seconded by Council- Resolution #9, llman Walls. All xn favor, motion carrzed. Series of 1972 !IRESOLUTION #9 was read by the City Clerk'as follows: WHEREAS, Richard D. MacRavey has been Executive Director Of the Colorado Municipal league for the past seven years; and WHEREAS, through his efforts, superior leadership and expertise, favorable legislation has been achieved which assists the many municipalities both in obtaining needed revenues as well as being the "Number one" representative of all Colorado towns ~nd cities in the legislature; and WHEREAS, "Dick" and the League organization have given valuable technical assis- tance to a countless number of our sister cities, both large and small, concerning the nyriad problems we face today; and WHEREAS, he has directed hs constant attention to the evergrowing problems of ~rban life and has used foresight concerning the problems of the future which must be ~ecognized today if we are to cope with them tommorrow; and WHEREAS,~the City Council of the Cityof Aspen, Colorado, wishes to commend Richard D. MacRavey for his services to the membership of the Colorado Municipal League. NOW, THEREFORE, BE IT RESOLVED byl the City Council of the City of Aspen, Colorado: 1. That the City Council does hereby commend Richard D. MacRavey for his valuable services and faithful efforts as Executive Director of the Colorado Municipal League for the past seven years. 2. That the City Council does hereby express its appreciation for the' services rendered and does hereby express its regret in the resignation of Richard D. MacRavey as the League's Executive Director. Councilman Walls moved to adopt Resolution #9~ Series ~of 1972. Seconded by Councilmmn' Markalunas. Ail in favor, motion carried. Mayor Homeyer opened the public hea~ing, no comments, Mayor Homeyer Closed the public )rd~nance #8, hearing. ;erxes of 1972 Councilman Wails moved to read on second reading Ordinance #8, Series of 1972. Seconded. by Councilman Markalunas. All in favor~, motion carried. ORDINANCE #8, SERIES OF 1972, AN ORDINANCE AMENDING zoNING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO DATED MARCH 6, 1967, TO PROVIDE ZONING FOR THE AREA.ANNEXED TO THE CITY OF ASPEN, COLORADO BY ORDINANCE NO. 2, ~ERIES oF 1972. Was ~ead by' title only by the City Clerk. Councilman Whitak~r moved to adopt Ordinance #8, Series of 1972. Seconded by Couhcilman Walls~ Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markaluhas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved to adjourn the meeting to Monday, June 19th at 5:00 p.m., seconded by Councilman Whitaker. Ail in favor, motion carried. Meeting ended at 7:45 p.m. /.~ ..... ~~ ~" ~~~ ~_ _Lor~axne Graves City Clerk Meeting began at 3:30 p.m. with Mayor Eve Homeyer, Councilmen Wails, Markalunas, Griffin, Comcowich, Commissioners Baxter, Sardy and Vagneur present. Also present Co-controllers Veeder and Kleeman. Dump Sanitarian Kinkade was present and discussed with those present the following problems of the dump: il) Non-taxpayers utilizing the dump; (2) Future utilization of the dump site; (3) Metro district's utilization of the dump; (4) Junk~cars. Following suggestion was made that a master plan for the dump should be prepared. Basalt has offered to pay $3500 a y~ar for dump space. Metro Sanitation District is willing to pay the costs for the necessary processing of sludge. Mr. Kinkade suggest the pay the costs plus 10%. Mr. Kinkade reported Mr. Bishop is willing to eliminate the junk cars at a cost of $5.00 each; another offer received of $6.50 per ton to eliminate and take away the junk cars. It was agreed to instruct Sanitarian Kinkade to see that the necessary papers are prepared with Mr. Bishop on the junk cars and a proposed contact be submitted with the Metro District. City Manager to work with Mr. Kinkade on this. RSA Final Breakdown was submitted by the Co-controllers. Ail agreed to the disbursement of funds Disposition with the exception the dog expenses and revenues be split 50/50. of Funds Meeting adjourned at 4:30 p.m. k___~raine Grave~,City Clerk Adjourned Meeting Aspen City Council June 19, 1972 Meeting was reconvened at 5:05 p.m. by Mayor Ewe Homeyer with Councilmen Scott Nystrom, William ComcoWich, Ross Griffin, Ramona MarkalUnas, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl, and Finance Director Dennis Veeter. , Robert Dr. Barnard based his requ&st on the following points: (1) Keeping the water on the ~ Barnard, western slope by utilizing and developing our water rights; (2) Control of what is Water happening down the valley by serving water i.e. if this prdject is not accomplished, Request some other type of construction may take place; (3) Need for employee housing that is regUlated. Approximate cost breakdown as follows~: $109,000 city host of line extension; Barnard $175,000; tap fees $126,000. Project would begin in 1973 and second phsse in 1974, with a total of 248 units on 13 acres. Total footage of line extension would be 10,500 feet. Councilman Comcowich moved that the Council approve this project in concept, with details to be worked out to show the following points: (1) Guarantee of r~asonable rents; (2) Controlled growth beyond the city limits; (3) Assurance that ~he water will be kept on the western slope. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls nay; Whitaker nay; Mayor Homeyer aye. Motion carried. Dr. Barnard ~to work with Manager Wurl on l~tfer of committment. Street Closure- Mayor Homeyer reported the area was kept very clean during the three days the street International was closed. Design Confer- ence Mr. Phil Holmes of Sinclair Station stated.his business is traffic oriented and business dropped 28% for Friday and Saturday. Feel Mill Street should have been used, so that businesses would not be hurt. Request the City consider, since this is a vital area for future planning of the City, that location or locations be sought for gas stations so that Sinclair can move out of the heart of the downtown. Representative of the IDC reported all had gone well, acquired the signatures of the businesses with the exception of the Wienerstube and Sinclair. Plan was submitted. Wienerstube objected to the stage being situated in front of their establishment thus making it difficult for people to enter the restaurant, and are against continuance of the closure. IDC asking for three more days of closure of the street. Representative of Fothergills stated they were for the closure, feel it is very pleasant. Councilman Griffin moved to extend the clo'sure for three more days.. Seconded by Street Closure Councilman Walis. Roll call: vote - Councilmen Whitaker aye;- Wails aye; Markalunas aye; International Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Design Confer- ence Councilman Walls moved that the Planning and Zoning Commission and-Planner's Office be directed to make a concerted effort ~o find a relocation for Phil's Sinclair. Seconded- by Councilman Comcowich. All in favor, motion carried. '~ Mr. Ulrich and Mr. Price were present and stated they would be putting in pool tables Andre's Remodel- and would like to serve a busin-essmen,'s lunch in the basement area and request to extend lng service of liquor to this area. Council stated their concern that if this request is granted, a management agreement for the downstairs operation may. occur and Council would have no control. Management agreements in essence established an additional bar. Applicants stated they would be willing to prepare a legal document to assure the City that the operation would in no way ~be split, entire operation would remain in the same corporate names that now exist. Council request the applicants meet with the City Attorney as to the form of the legal document, tabled till next meeting. Mr. Cantrup was present and submitted photos and sketch of what is planned. Stated the Continental Inn City's portion of the wall would only extend about 1' above the. g=ade, the wall is Retaining Wail necessary for run-off in that area. Railing would be installed the entire length of the wall. Councilmmn Comcowich moved to direct the City Attorney to prepare an agreement with the following conditions: (1) Wall t0 be stuccoed on both sides; (2) Hand railing installed; (3) City to be held harmless; and $500 performance bond be submitted. Seconded by Councilman Walls. Ail in favor, motion carried. Mr. Barrel, City/County Planner and Attorney Art Daily reviewed with the Council recommen- Villa Annexation dations of the Planning and Zoning Commission and also gave background on the project, and Vacation of Architect outlined the design concept. Easements Councilman Comcowich moved to approve the petition as corrected for annexation and frame- work of the annexat,ion be set up addressing the following points: (1) Plans be changed for easier ingress and egress by angling the curb cut; (2) Eliminate parking on south side of Highway 82; (3) Legal assurance be given that the density described will not be exceeded; (4) Provisions be made to approve the landscaping as shown on the site plan. ~ Seconded by Councilman Whitaker. Applicant stated they would agree to a perimeter easement along the property. Roll call vote - Councilmen Markalunas aye; Griffin aye; Walls abstain; Comcowich a~e; Nysttom aye; Whitaker aye; Mayor Homeyer aye. Motion carried. City Attorney to draft ~he necessary legal documents for consid~eration at the next meeting. Mr. Jim Adams was present and request permission to not put in sidewalk on Hunter Street Ski Corporation from Durant to the Alps. Heavy machinery used in this area plus employee parking. Request Will pave the parking lot. Councilman Griffin moved to approve the request as outlined in sketch submitted. Seconded by Councilman Walls. Ail in favor, motion carried. Councilman Griffin moved to adjourn at 7:45 p.m., seconded by Councilman Walls. Ail in favor, meeting adjourned. Lor~ine Graves, City Clerk