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
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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.
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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.
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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.
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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.
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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
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