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HomeMy WebLinkAboutminutes.council.19880913Continued Meeting Aspen City Council September 13, 1988 Mayor Stirling called the meeting to order at 6:30 p, m. with Councilmember Isaac, Tuite, Gassman and Fallin present. RESOLUTION #31, SERIES OF 1988 - Annexation Element Mayor Stirling moved to table this to September 26, 1988. Motion DIES for lack of a second. Councilman Tuite moved to put this to the end of the agenda; seconded by Mayor Stirling. All in favor, motion carried. COUNCIL ENDORSEMENT FOR TAXI LICENSE Phil Sullivan, Aspen Limousine Service, told Council they are applying f or a temporary taxi authority, which is the only way they can get into business before the ski season. Sullivan told Council about 1978 Council endorsed the concept of a second taxi company. There have been two cab companies in town f or 10 years until recently. Sullivan told Council his company operates 70 vehicles, not all in Aspen, and runs an employee bus from Rifle to Aspen. Sullivan said he feels this proposal will further serve the community. Sullivan told Council they have over 110 letters from community members endorsing this application. David Chambers read a letter to the PUC supporting a second cab company in the Aspen area. Chambers said the other cab company relies solely on others to provide vehicles, which limits the capability to increase service to meet an increase in demand. Chambers said the other company does not provide limousine service. Chambers said Aspen Limousine is a logical choice for a second company as they have operated for years in this area. Bob Regulski told Council during the winter season, the town deals with hundreds of people coming to and from Aspen. The current situation does not get people to and from the airport on time. David Hyman, High Mountain Taxi, said the PUC has a reason f or regulating tax companies. The demand f or service is a function of the numbers of vehicles, not numbers of companies. Hyman said competing companies have created a low level of service in the past. Hyman said High Mountain Taxi has the financial ability to buy more vehicles. Hyman said High Mountain Taxis is committed to good service and has a good history of service. Councilman Tuite said he personally wrote a letter of support of this application on the basis that competition is healthy for the community. Councilman Isaac said he does not want Council to take the part of the PUC and made a decision whether another cab company is needed or not. Councilman Isaac said he would prefer Council not make any recommendation. Councilwoman Fallin agreed. - Councilwoman Fallin said this request is the place of the lodging 1 Continued Meeting Aspen City_Council September 13. 1988 association and resort association because they know directly what the needs are. Councilwoman Fallin said no one has ever called her as a Councilmember about not being able to get a cab. Councilman Gassman agreed. Sullivan said the issue is whether the Council wants service or not. Sullivan said endorsement is a function of the Council to determine if this service is needed by the ski season. Mayor Stirling said he feels it would be a good action of Council to support another company because it is important to have much selection as one can have. Mayor Stirling moved that Council write a letter in favor of the application for a temporary license by Aspen Limo; seconded by Councilman Tuite. Councilman Tuite and Mayor Stirling in favor; everyone else opposed. Motion NOT carried. ENCROACHMENT RE UEST - Peters/Chaikovska Councilwoman Fallin moved to approve the encroachment request for Frank Peters and Marta Chaikovska residence subject to condi- tions; seconded by Councilman Tuite. All in favor, motion carried. Marta Chaikovska pointed out one of the conditions is that they construct a sidewalk as part of the encroachment request. Ms. Chaikovska said there are no existing sidewalks in the west end. Ms. Chaikovska said there is not enough room for a sidewalk. Councilman Gassman moved to reconsider the previous motion; seconded by Mayor Stirling. All in favor, with the exception of Councilman Isaac and Councilwoman Fallin. Motion carried. Councilman Gassman moved to approve the encroachment request without the sidewalk as a condition; seconded by Mayor Stirling. Chuck Roth, engineering department, said the code requires sidewalks. This has not been requested in the past. Roth said this should not stop the city from enforcing the code and obtaining sidewalks. Mayor Stirling said there is a general feeling in the west end that the residents do not want sidewalks. Mayor Stirling said the code should be re-addressed. Augie Reno, HPC member, said it is a consensus that there should not be sidewalks in the west end. There are irrigation ditches in that part of the community. Roth said the lack of sidewalks causes hazardous conditions, especially in the winter with people walking on the streets. All in favor, with the exception of Councilwoman Fallin. Motion carried. 2 Continued Meeting Aspen City Council September 13, 1988 Mayor Stirling moved to direct the engineering department to address that section of the code and bring this back to Council; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Fallin. Motion carried. BUDGET REQUEST - Housing Office Jim Adamski, housing office, told Council in 1987 the housing office conducted an extensive housing survey. The city's share in the survey was $ 4154 which was not picked up in the 1987 budget close out. Adamski is requesting this figure be included in the 1988 budget. Councilwoman Fallin moved to approve an additional amount of 54154 be included in the 1988 housing authority budget f or the purposes of paying the city' s share of the employee housing survey from the general fund balance; seconded by Councilman Tuite. Councilman Tuite brought up the enforcement program and asked if the department has enough time and staff to address this before the winter season. Adamski said he will need additional staff and equipment to address the enforcement program for 1988. Adamski said the staff cost will be 55700. Mayor Stirling said he would like to discuss this at the next Council agenda. All in favor, motion carried. John Walla told Council the housing office to act right the upcoming season. Walla tion plans to offer rewards housing units. restaurant association has asked the away if there is to be any effect on told Council the restaurant associa- if people know of abuses of employee RUBEY ALLEY PAVING Chuck Roth, engineering department, told Council after the project was bid out, the bids came in a lot higher than the engineer's estimate. Roth reminded Council they had allocated 522,000. The engineer's estimate was 524,000 and the low bid was 544,000. Roth said there is a possibility of getting the streets department to chip in an additional 516,000 for this project. Roth said if the sidewalk in the alley is deleted, the city would be able to do the work this year. Roth told Council the engin- eering department does not think it is appropriate to have a sidewalk in the alley. Councilman Isaac moved to delete the sidewalk from the alley and to proceed this fall; seconded by Mayor Stirling. 3 Continued Meeting Aspen City Council September 13. 1988 Councilwoman Fallin asked if it is possible to put the sidewalk in at a later date. Roth said he does not think so because of the grade problems. If the alley is constructed at the existing grade, a sidewalk cannot be put in later. Councilwoman Fallin said there are not sidewalks in other alleys. Councilwoman Fallin questioned the necessity of a sidewalk in this alley. Roth said there are 2 letters from Mari Peyton and Andrew Dracopoli, both in favor of the sidewalk. Andrew Dracopoli said the residents of this neighborhood ex- perience the worst aspect of the alley. Dracopoli said this is not an alley but is a major thoroughfare for vehicles for McDonald's and Rubey park. Dracopoli said this alley should be considered as part of the Rubey park transportation center. Dracopoli said he would like to see this project postponed until next spring in order to get more bids. Dracopoli said as an adjacent property owner, they will maintain their portion of the sidewalk. Eddie Wettstein, representing Guido's, said they strongly oppose the sidewalk. Wettstein said since Rubey park has been done, there is a lot less pedestrian traffic in the alley. Wettstein said he does not feel there should be a sidewalk in an alley when no one else has to do it. Wettstein asked the Council to finish the alley this fall without a sidewalk. Mayor Stirling said he feels there should not be a sidewalk in an alley. The improvement of Rubey park has changed the traffic pattern. All in favor, motion carried. Mayor Stirling moved to award the contract to the low bidder; seconded by Councilman Tuite. All in favor, motion carried. ENDORSEMENT OF REPORT PLANNING COMPETITION Bill Lipsey said he would like the city's endorsement f or this competition. It is a good thing f or Aspen and for the prof es- sional community. Lipsey said this is a compliment to Aspen and all the work that has gone into Aspen. Councilwoman Fallin said she looks as this competition as being in the private sector and solely benefitting private enterprise. Councilwoman Fallin said she does not see the role of Council in this. Lipsey said the city has a large role in determining land use. In Japan, they also have to work with the prefecture in getting approvals. Mayor Stirling said this is taking the design community skills and expertise and having them bring f orward conceptual proposals rather than having someone try to duplicate Aspen. Mayor Stirling said Aspen has strict land use guidelines and sen- sitivity to environmental issues. 4 Continued Meeting Aspen City_ Council September 13. 1988 Mayor Stirling moved that the Council go forward and endorse the resort planning competition to be held in Aspen and to do so because it has been an out growth of the direct work done by Council as an adjunct to the sister cities work over the last five years; seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Fallin. Motion carried. BOARDS AND COMMISSIONS REPORT Council scheduled interviews f or P & Z, HPC and Clean Air Board for Tuesday, September 27 at 5:00 p.m. CITY HALL RENOVATION CONTRACT Councilman Isaac said he has a problem approving the contract until the city has the money to do the project. The city has not approved the sale of the Red Roof yet. Assistant City Manager Mitchell said it is staff's understanding that Council has authorized $1,100,000 to address city hall. Whether the Red Roof i s sold to De Boer or to the M.A.A. , the city will have money to do the project. This is a follow up action. Mayor Stirling said Council is committed to doing this project; however, the city did not go through the proper process to get to Gibson and Reno. This is too much of a contract not to put out to bid. Mitchell said Gibson and Reno have done all the back- ground and looked at a lot of different options on city hall. Mitchell said Gibson and Reno are prepared to come up with the best solution for city hall. Mitchell said if the city goes through the process, it will take time and the city won't find anyone else with the understanding of what has gone on with city hall. Councilman Gassman said he does not f eel it is right for staff to make a selection on the above basis. Mitchell told Council this is an extension of the city hall design. When the city picked an architect, they went through the process of qualifying people and bidding. Mitchell said this is a continuation of working on another solution to the design of city hall. Augie Reno told Council the original contract was for programming and schematic design. The initial project was going to be phased. Reno said in essence, they have gone through the competition and the phase is ready to go. Mitchell told Council through the process Gibson and Reno has provided a fair amount of service without charge with the thought they would eventually come to the contract. Councilman Gassman asked how the original selection process was done. Mitchell said the city sent out a qualification statement. Staff selected 5 or 6 firms and interviewed them in detail. 5 Continued Meeting Aspen City Council. September 13, 1988 Councilman Isaac moved to approve the architectural contract with Gibson and Reno; seconded by Councilman Gassman. Councilman Tuite said there is an option for a flat amount or for 9-1/2 of the construction costs. Councilman Tuite said he is concerned the city might be forced to go back to a phased schedule for city hall. This project has never been bid out and may come in over the projected costs. Mitchell said that is an argument for getting the design and getting bids on construc- tion. Reno said the reason he put that clause in is that the city may want to change the plans or do something else along in the process. Reno said it is still not known which departments will be located in city hall. Reno said if the city is stuck on the $1,100,000, they will work on a fixed fee. Council said the present motion is for $110,000. All in favor, motion carried. Councilman Isaac said he has real problems with the water service to Brush Creek. Councilman Isaac moved to put this on the September 26 agenda; seconded by Mayor Stirling. All in favor, motion carried. Mayor Stirling moved to table the endorsement of P & Z adoption of the annexation element to September 26; seconded by Council- woman Fallin. All in favor, motion carried. Fred Gannett, city attorney's office, told Council Joe Edwards intends to present a referendum petition to the City Clerk tomorrow. Gannett told Council the Charter provides for a referendum for ordinances only. Gannett told Council there is a growing body of law that says any final act by City Council is subject to referendum. Gannett asked Council if they want to authorize the City Clerk to authorize a referendum petition on this issue. Bil Dunaway asked if the city can go against their Charter. Councilman Gassman said it is not clear that what the Charter provides is supported by the law. Gannett said the trend is to allow final acts that carried forth in a legislative manner to be subject to referendum. Gannett said there is a question if Council's action was a legislative act or a quasi-judicial act. Councilman Isaac moved to direct the City Clerk to proceed to process the petition if it comes f orward; seconded by Councilman Gassman. All in favor, motion carried. Council adjourned at 7:55 p.m. ,~ / Kathryn, Koch, City Clerk 6