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HomeMy WebLinkAboutminutes.council.19720626 Meeting was called to order by Mayor Eve Bomeyer at 4:00 p.m. with Councilmen Scott Nystrom William Comcowich, Ross Griffin, Ramona Markalunas, City Attorney Albert Kern,=City Manager Leon Wurl, ~inance Director Dennis Veeder and Student Representative Margo Dick. .~inutes Councilman Griffin moved to approve the minutes of June 12th, 19th and correction as prepared and mailed by the City Clerk.- Seconded by Councilman Markalunas. Ail in favor, motion carried. Councilmen Jack Walls and Francis Whitaker arrived. Railroad Mr. John Hayes was present and.presented a proposal to the Council for purchase of 36 Cars narrow gauge railroad cars. C~rs are presently in operable condition, cost delivered to the City would be ~1850 per car. Request the City Council hold a joint meeting with the transportation 6ommittee to discuss purchase of the cars. Council agreed, if a meeting could be set up, to hold a special meeting on Friday, June 30th at 5:00 p.m. Brown Ice Councilman Nystrom moved to reconsider the request of the Brown Ice Palace. Seconded by Palace Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin nay; Markalunas nay; Walls aye; Whitaker nay; .Mayor Homeyer aye. Motion carried. Letter of intent was submitted by representatives of the Ice Palace. Letter included the following points: (1) Reimburse theCity f~r snow removal; (2) Longer hours for free skating established; (3) Lease the land for erecting the wall; (4) 30 year lease at $1.00 a year. Councilman Comcowich pointed out previous motion also included the construction df~a sidewalk and arcade at the time a sidewalk district is established in this area. City Attorney Kern reported an election under the Charter would not be required for a vacation of public right-of-way. Councilman Nystrom moved to instruct_the City Attorney.to draft the necessary documents based and as outlined in t.he letter of intent. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin nay; Markaldna~ nay; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. ~Jack Frey- Mr. Frey, president of the Golf Association stated the association supports the recreation iGolf Course department and.further request investigation be made fo~ an additional 8 holes to the present course or another course of 18 holes.. The association feels this is a need for the summer tourist industry. Council reported they support the request, money at this time not available. Mayor Homeyer suggest the Association look into purchase of the land across the highway for an addition- al 9 holes. Lift #1 Lease agreement submitted. Councilman Comcowich moved to approve the lease agreement and Agreement authorize the Mayor and City Clerk to sign. same. Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Andre's Agreement submitted by the City Attorney Who reported the stipulation outlined by Council Agreement that the operation not become two separate operations in any way has been covered b~ this agreement. Councilman Comcowich moved to approve the agreement as submitted and authorize the Mayor and City Cl~rk to sign same. Seconded by Councilman Nystrom. Roll call vote - Councilmen Griffin aye; Markalunas aye; Walls aye; Comcowich aye; Nystrom aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Continental Letter agreement was submitted by the Continetal Inn Inn Councilman Walls lmoved to instruct the City Attorney to prepare the necessary documents for Council consideration. Seconded ~y Councilman Markalunas. Members of Council stated they felt Mr. Cantrup had exceeded his authority in that the wall has been poured. Roll call vote - Councilmen Nyst~om aye; Comcowich nay; Griffin nay; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Legal Assist Mr. Herb Barrel, City/County Planner~request additional appropriatioh for review and ance, Zoning re-write of the zoning chapter and areas of new consideration. City Attorney Kern ~ Matters stated he did not have sufficient time and Mr. Ralph Brendes is interested in working on this project at a cost of $20.00 an hour. Councilman Walls moved to approve review of the zoning chapter and new considerations and City Attorney and City/County Planner work out the amount and contents of consideration. Seconded by Councilman Whitaker. Ail in favor, motion carried. City/County Planner submitted'the minor amendment of significant importance that was Open Space, omitted at the time ordinance on uses permitted'in the C-2 zone was considered. C-2 Zone Question wss raised as to whether sufficient public hearing was held on this item. Councilman Whitaker moved to instruct City Attorney Kern to draw up the necessary or- dinance to effect this amendment. Seconded by Councilman Walls. All in favor, motion carried. City/County Planner Bartel submitted resolution passed by the Planning and Zoning Historic Sites Commission calling for the following sites to be considered by the Historic Preservation Committee first: Opera House, Stollard House, Ute Cenetary. Councilman Markalunas moved to instruct the City Attorney to draft a resolution for Council's consideration to designate the sites as mentioned. Seconded bY Councilman Comcowich. All in favor, motion carried. Sanitarian Kinkade stated his report is not ready at this time, tabled till July 10th Clean-Up meeting. Campaign Mr. Kinkade submitted proposal to dispose of the junk cars at a Cost of $8.50 per ton, Junk Cars 100 cars per day. Presently 450 cars at the dump cost would be about $3600 to be split City/County. Councilman Walls moved to approve $8.50 per ton for disposal of junk cars at the dump site. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom sye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Mr. Kinkade stated as a requirement of the State certain questions are required to be Gatherings answered by the City health authority. Questions related to general health problems arising from large gatherings. Mr. Kinkade stated there has been nothing budgeted for the spraying this year. Last Mosquitos year's cost $500.00. Council agreed not to spray this year but to consider at the budget time for next year. Mr. Jenkins was present to request two curb cuts for access based on the suggestions of Jack Jenkins the Planning and Zoning Commission. City Engineer recommends one curb cut 20'. Council Curb Cut discussed the problems involved with only a descriptive right of way in this area, as relates to Mill Streey. Mr. Jenkins stated his survey by Roger Mahnke and survey by the railroad were the surveys used in placing the building on the site. Councilman Whitaker moved to approve the curb cut as recommended by the City Engineer (one curb cut 20') and applicant be requested to put the money for curb and sidewalk into escrow at this time. Seconded by Councilman Comcowich. Ail in favor with'exception of Councilman Nystrom who abstained due to conflict of interest. Motion carried. Mr. Prinster and Architect Porter were present and submitted plan for landscaping around City Market the parking lot and the back of the building. Further request one curb cut on Cooper Landscaping Avenue and one curb cut on Spring Street. 'Council discussed with applicant s performance bond, fencing the landscaping to protect from dogs and cars; and underground sprinkling system. Councilman Comcowich moved that the curb cut request be granted contingent upon stallation of automatic sprinkler system, landscaping plan that will screen the parking lot and a performance bond be submitted that guarantees construction this year. Seconded by Councilman Walls. All in favo:y~motion carried. Councilman Whitaker outlined requests as follows: (1) City repay for the sodding and Pitkin County budget for resodding annually as needed; (2) Planting of Rubey Park be completed on Park Association Mill and Galena Street frontage, AssoCiation would like to build a fence to separate Requests parking from the park; (3) City budget to replace the 15 or 20 trees that have died in Buss Park and City maintain it in a better manner. Tabulation of the bids was submitted to Council for pump station to serve Meadowood, Bids, Water School and Iselin Park with low bid being Valley Construction in the amount of $23,741.40 Also tabulation of bids for modification of Upper and Lower Red Mountain with 1~ bid being Valley Construction in the amount of $19,468.00. Councilman Walls moved to award the two bids to'Valley Construction. Seconded by Councilman Markalunas. Roll call vote - Councilmen Walls aye; Marka lunas aye; Whitaker aye; Comcowich aye; Griffin aye; Nystrom aye; Mayor H~meyer aye, Motion carried. Mayor Homeyer reported word has been received the Ski Corporation is no longer interested Ski in selling. Corporation 1325 Regular Meeting Aspen City Council June 26, 1972 Street Improve- Manager Wurl request authorization to call for bids for asphalt over-lay on existing ments asphalt streets and ~or .seal coating amd stripping. Also permission to proceed with penaprime. Councilman Whitakermoved to call for bids and to a'utho~ize penaprime. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Sales tax reports submitted. Juvenile Officer City Manager Wurl reported at budget time a full time office~ was discussed. Request the appropmiation for the =emainder of this Mea~ and delegate the responsibility ~to Officer Richard Kienest. Councilman Comcowich moved to approve the appropriation for a full time juvenile officer and support "Dick" in the fine job he is doing. Seconded ~by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye;'Griffin aye; Markalunas aye; Walls aye; Whitaker aye; ~Mayor Homeyer aye. Motion carried. Audits Councilman Walls moved to authorize the necessary fund ($3700 to $4200) to establish beginning balance for the operating statements. Seeded by Councilman Whitaker. Manager WurI rgported this would take from 2 to 3 weeks to come up with the exact information. Roll call vote - Councilmen Whitaker aye; Walls aye~ Markalunas aye; Griffin aye; Comcowich nay; Nystrom nay; Mayor Hom6yer aye. Motion carried. !Dedication of Council request the City Manager s~hedule dedications for either early or late on Sat- Iselin Park and urday or Sunday. James Moore . .Swimmzng Pool ~Resolution #11, Councilman Walls moved to read the resolution, seconded by Councilman Comcowich. Ail in Series of 1972 favor, motion carried. WHEREAS, the owner of property known as the Brownell Subdivision has submitted, in accordance with the zoning ordinances of the City of Aspen, Planned Unit Development for a portion of said Subdivision. AND WHEREAS, the Planning Commission for the City of Aspen has approved the Final Development Plan for the BrowneI1 Subdivision providing for a Planned Unit Development on Lots 1 and 2 and the common area in said subdivision. AND WHEREAS, the City Council has determined to rezone the subject property in accordance with the Final Development Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that Lots 1 and 2 and the common area o~ the Brownell 'Subdivision as shown on-the Final Development Plan is h~reby rezoned R-6 PUD.. - Was read zn full by the City Clerk. Councilman Comcowich moved to adopt Resolution #11, Series of 1972. Seconded by Council- man Griffin. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Ordinance #11, Councilman Comcowich moved to read on first reading Ordinance #11, Series of 1972. Series of 1972 Seconded by Councilman Walls. Ail in favor, motion carried. ORDINANCE #11, SERIES OF 1972, AN ORDINANCE VACATING A PORTION OF THE-PUBLIC RIGHT OF WAY KNOWN AS "PARK AVENUE", CITY OF ASPEN, COLORADO, was read by title only by the City Clerk. Councilman Walls moved to adopt on first reading Ordinance #11, Series of 1972. Seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Resolution #10, Councilman Walls moved to read Resolution #10, Series of 1972. Seconded by Councilman Series of 1972 Comcowich. All in favor, motion carried. WHEREAS, a petition for annexation of the following described territory or real property was filed with the City Clerk on June 5~ 1~72: A parcel of land being partof the North Texas Millsite, M.S. 3288, lying Westerly of and contiguous with line 6-7 of Aspen Townsite, more fully described as follows: 1826 Regular Meeting Aspen City Council June 26, 1972 Beginning at a point on the easterly~line of saidrNorth Texas Millsite whence corner No. 2 of said North Texas Millsite bears N.07°38' E. 1.06 feet; thence following said easterly line S.07°38'00" W. 470.10 feet to corner no. 1 of said North Texas Millsite; thence following the southerly line of said North Texas Millsite N74~30'00" W. 245;85 feet to corner no. 4 of said North~Texas Millsite thence following the westerly line ~of said ~orth Texas Millsite N.15°30'00TM E. 37.00 feet; thence N~25°14'25'' E. 93.62 feet; thence N.11°10'19" E.209.87 feet to a poidt on the westerly line of said North Texas Millsite; thence follow- ing said westerly line N.15°30'00'' E. 128.15 feet to carnet no. 3 of said North Texas Millsite; thence following the Northerly line of said North Texas Mill- site S.74°30'00'' E. 1~98 feet; thence S.09°05'27'' W. 9.10 feet; thence S. 80o54' 33" E. 2.00 feet; ~thence S.09°05"27'' W. 3.30'feet;' thence S.80°54'33'' E. 18~05 feet; thence N.09°05'27'' E. 3.30 feet; thence S.80°54'33'' E. 9.15 feet; thence N.09°05'27'' E. 5.82 feet to a point on said Northerly line; thence following said Northerly line S.74°30'00" E. 70.75 feet: thence S.14°19'48'' W. 0~38 feet; thence S.75°40'I2'' E~ 18.68 feet; thence S,74~30'00" E. 7.57 feet; thence S.14°19'48'' W. 16.94 feet; thence S.75°40'12'' E.. 34.90 feet; thence N.14019'48" E. 16.23 feet; thence S.74°30'00'' ~. 6~10 feet; thence S.14°19'48'' W. 1.25 feet; thence S.75°40'12'' E. 12.11 feet to the point of beginning, containing 2.214 acres, more or less. AND WHEREAS, the petitioner has conditioned the acceptance of annexation to the City of Aspen that the said property be zoned AR-I; and further petitioner has submitted a site plan evidencing proposed buildings and landscaping design. AND WHEREAS, the City Council of the City of Aspen makes the following findings of fact regarding said annexation petition: 1. There is at least 1/6th contiguity between the present City of Aspen boundary lines and the area seeking annexation. 2. A community of interest exists between the territory to be annexed and the City, as evidenced by the following facts: A. More than 50% 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% of the adopting res.idents 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 ser~ic~es to the area to be annexed, on the same terms and conditions that such services are available to residents of the City of Aspen. AND WHEREAS, said petitione~ is the owner of one-hundred (100%) percent of the lan.d 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 upon said land proposed to be annexed except the condition for zoning provided in said petition for annexation, and construction of buildings and lands"capingdesign in accordance with the site plan submitted by the Petitioner. NOW THEREFORE, BE IT RESOLVED the City Council of the City of Aspen hereby accepts the petition for annexation of the territory or real proRerty hereinabove described. BE IT FURTHER RESOLVED, that the improvements to be constructed on said land to be annexed shall be in accordance with the site and~landseaping plan on file wi~h the City Planning Commission, which plan provides for no more than forty-eight (48) townhouse condominium units within the area to be annexed. Councilman Walls moved to adopt Resolution #10, Series of 1972, seconded by Councilman Nystrom. Roll call vote - Councilmen Nystrom aye; Comcowich aMe; Griffin aye; Markalunas aye; Walls Aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Preliminary landscaping plan was shown to Council. Final-plans to be submitted later. Motion made by Councilman Comcowich, seconded by Councilman Walls to read on first Ordinance #12, reading Ordinance #12~ Series of 1972. Series of 1972 ORDINANCE #12, SERIES OF 1972, AN ORDINANCE-PROVIDING FOR~THE ANNE'~iATION TO THE CITY OF ASPEN, COLORADO, OF THAT CERTAIN TERRITORY OR REAL PROPERTY PARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT TO THE CtTY'OF~ASPEN, COLORADO, was read by title only by the City Clerk. Councilman Walls moved to adopt on first reading Ordinance #12, Series of 1972. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. 1327 Regular Meeting Aspen City Council June 26, 1972 Ordinance #13, Councilman Walls moved, seconded by Councilman Whitaker to 'read on first reading Series of 1972 Ordinance #13, Series of 1972. All in favor, motion carried. ORDINANCE #13, SERIES OF 1972, AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF.ASPEN, COLORADO, DATED MARCH 6, 1967, AS AMENDED, TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO BY ORDINANCE NO. 12 (SERIES OF 1972), was read by title only by the City Clerk. Councilman Walls moved to adopt on first reading Ordinance #13, Series of 1972. Seconded by Councilman Whitaker. Roll call vote - Councilmen~ Comcowich aye; Walls aye; Whitaker aye; Nystrom aye; Markalunas aye; Griffin aye; Mayor Homeyer aye. Moron carried. Ordinance #14, Councilman Walls moved, seconded by Councilman Whitaker to read on first reading Series of 1972 Ordinance #14, Series of 1972. ORDINANCE #14, SERIES OF 1972, AN ORDINANCE VACATING EASEMENTS FOR UTILITIES PREVIOUSLY RESERVED IN ORDINANCE NO. 1 (SERIES OF 1957), was read by title only by the City Clerk. Councilman Walls moved to adopt on first reading Ordinance #14, Series of 1972. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Ordinance ~10, Councilman Walls moved, seconded by Councilman Whitaker to read on first reading Series of 1972 Ordinance #10, Series of 1972. All in favor, with exception of Councilman Markal~mas who abstained due to conflict of imteres~. 0RDI~MAMCE ~ 10, S~RIES OF 1972, AN ORDINANCE ADOPTING AN EMPLOYEES RETIREMENT PLAN AND TRUST FOR THE CITY OF ASPEN, COLORADO, was read by title only byt the City Clerk. Councilman Walls moved to adopt on first reading Ordinance #10, Series of 1972. Seconded by Councilman Whitaker. Roll call vote - Councilmen Griffin aye; Comcowich aye; Nystrom aye; Markalunas abstained; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Hearing scheduled for July 10th at 5:00 p.m. on Ordinance #10. Utility City Attorney Kern reported he interprets the Charter to mean that when Council desires Extensions to extend utility lines in the area covered by the Master Plan, t~n~n~and Zoning Commission must be obtained first. City Manager~Wurl stated rather than the City ? & Z this should be referred to the County P & Z. Councilman Markalunas moved this be referred to the City/County P & Z for recommendation within 60 days. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Correspondence from Tom Benton was acknowledged.. Mrs. Connie Harvey requested Council consider printing Council agendas in the newspaper. Councilman Walls moved to go into executive session, seconded by Councilman Whitaker. All in favor, motion carried. Councilman Comcowich moved to reconvene into regular session. Seconded by Councilman Walls. Ail in favor, motion carried. Councilman Whitaker moved to appoint Pat Maddalone, Florence Glidden, Norman Burnsa and Don Westerlind to the Historic Preservation Committee. Seconded by Councilman Comcowich. Council reported they would discuss with Attorney Ken Hubbard as to whether he would like. to remain on the election commission or Historic Preservation Committee. All in favor, motion carried. Councilman Griffin moved to adjourn at 8:00 p.m., seconded b~ Councilman Whitaker. All in favor, meeting adjourned. ~raine Graves, City Clerk