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HomeMy WebLinkAboutminutes.council.19740528 ~egu lar Meeting Aspen City Council May 28, 1974 Meeting was called to order by Mayor Stacy Standley at 5:00 p.m. with Councilmembers Jack Walls, Jenifer Pedersen, P~ete DeGregorio, James Breasted, Michael Behrendt, City Attorney Sandra Stuller and City Manager Dr. Philip "Mick" Mahoney. MINUTES - tabled. CITIZEN PARTICIPATION Ms. Gerry Fox of the'Chamber of Commerce was present to request'permission to close .June Days Hyman Street between Mill and Monarch during the June Days celebration for a water polo contest between the Aspen Volunteer Fire Department and the Snowmass Fire Depart- ment. (June 8th) Discussed insurance and liability problems connected with the businesses adjacent to the street. Council suggested an alternate location. Councilwoman Pedersen moved to approve the closing of Mill Street in the area of Rubey Park and Wagner Park for the contest. Seconded by Councilman Behrendt. All in favor, motion carried. Councilmember Ramona Markalunas arrived. Food Handlers - Mr. Bob George and Dr. McMillan were present to request additional enforcement of the sanitary conditions of restaurants in the coramunity. Council' informed those representatives from the Chamber of Commerce that health regulations are by the County and the State. The City does not impose additional regulations, and suggest they meet with the Sanitarian's office. ~TTER BUSINESS BUREAU Mayor Standley stated he had put this item on the agenda to inform the citizenry of Better Bus. the services now provided by the City Police Department and the Chamber of Commerce. Bureau Ms. Gerry Fox stated the Chamber does receive complaints and there is a follow up procedure. When a written complaint is received, a call is made to the business concerning the complaint and a request is made by the Chamber that the business answer the complaint. All complaints and answers are kept on file and anyone can check on a business at the Chamber office. Ms. Fox stated she has been investigat- ing a formal BBB but feel at this time Aspen is too small. Police Chief Ritchey outlined to Those present the procedures followed by the Police Department on credit card, travelers checks and insufficient fund check problems. An effort is made by the Police Department to straighten out the problem prior to being turned over to the DA's office for prosecution. SIDEWALK DISTRICT Sidewalk Dist. City Attorney Stuller stated the improvement district was initiated by the procedure of sending out notices to all property owners affected. If 50% of the property owners file a written protest against the district, then the district fails. All protests must be in writting and submitted prior to the hearing or at the hearing. Mayor Standley opened the public hearing. Mayor Standley stated a petition pro- testing the sidewalk improvment district had been submitted bearing 45 signatures. Large stack of letters were also submitted to Council by the City Clerk protesting the district. Mayor Standley reported it has been calculated that 66% have filed protests. Mrs. Mary Chase read correspondence from Mr. Curt Chase stating he was against the district as proposed. Ms. Diana Brinkman, representing her landlord Mrs. White stated Mrsl White is against the district. Mr. Bill Kilner, Mr. Steen Gantzel, Glen Paas, Mr. Rik Sabatini all spoke against the sidewalk district as proposed. Mr. Francis Whitaker stated sidewalks and curbs are needed in order to keep a lawn. Pointed out it is now a requirement to install sidewalks with a building permit. Streets are dangerous to walk in; City has put out money for the mall and pedestrian path to the high school, feel sidewalks are a matter of public need and would en- courage people to put them in. Mr. Jori Chapman stated the property owners on Hopkins did not object and do not object to sidewalks per se, but do object to the type of sidewalk that is proposed. As proposed landscaping and improvements would-be in jeopardy. Ms. Barbara Fasching stated she felt people are entitled to sidewalks so we don't have to walk in the mud. Mr. Fred Smith stated we need to provide sidewalks if we are to become a pedestrian community. 1578 RegUlar Meeting Aspen City Council May 28, 1974 Ms. Ethel Frost questioned how~the City figures the sidewalk when half of the pro- perty is in a commercial zone and half in a residential zone. Also stated she had Sidewalk Dist. lived in the same house for 56 years and has never had a sidewalk and it has been no problem. Mayor Standley closed the public hearing, there being no further comments. Councilwoman Pedersen moved that the districH no longer be considered as defined by the ordiance. Seconded by Councilman Walls. It was pointed out by Councilmembers that design considerations would be high on their priority when another district is to be considered. All in favor, motion carried. ORDINANCE ~15, SERIES OF 1974 - Mayor Standley opened the public hearing. There Bldg. Elevations being no comments, Mayor Standley closed the public hearing. Councilman DeGregorio moved to read by title Ordinance 915, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~15, SERIES OF 1974, AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE, 1973, BY THE ADDITION OF SUBSECTION 9 TO SECTION 301 (b) THEREOF REQUIRING THE SUBMISSION, BY BUILDING PERMIT APPLICATIONTS, OF ELEVATIONS FOR NEW AND SUBSTANTIALLY IMPROVED STRUCTURES IN THE SPECIAL FLOOD HAZARD AREAS OF THE CITY was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #15, Series of 1974 on second reading Seconded by Councilman Walls. Roll call vote - Councilmembers Walls aye; Pedersen aye; DeGregorio aye; Breasted aye; Markalunas aye; Behrendt aye; Mayor Standley aye. Motion carried. BEER & WINE LICENSE TRANSFER (LaBodega) Liq. License Mr. Larry Windes, applicant, stated they are requesting a transfer of ownership of the license plus extention of the license. Landscaping plan was shown to the Council for the extension which will be in the area between the Brand building and Alpine Jewelers. City Attorney Stuller stated the landowner has not approved the extension of the lease. Mr. Kurt Bresnitz stated he has a strong lease with the applicants, main concern was to help the looks of the block. The three parking spaces for the Alpine Jewelers .still remain. Mr. Windes stated their improvements will be in two phases, this summer intend to improve the outside garden area and serve outside; this winter will be extending the inside operation and will have a full scale kitchen operation. Councilman Behrendt moved to approve the application and extention subject to all demands of the City Attorney being met. Seconded by Councilman DeGregorio. All in favor with exception of Councilwoman Pedersen who voted nay. Motion carried. PTARMIGAN USES Ptarmigan Use Mr. E. Stern, representing MAA, submitted new proposal based on the formation of a corporation constituted of cultural interest groups and utilizing the facility as a summer and winter housing and/or classroom facility. Would not need the restaurant, bar or pro shop space. Would require access to the kitchen, studentS would be fed in the lounge area. Projected profit and loss statment for the fiscal year beginning September 1974 was submitted. Suggest the lease be for a one or two year period to evaluate the success of the undertaking. Mr. Stern stated the figures submitted are not based on a typical lodge operation but run as a dormitory. Mr. Eugene Mechling, ~gent for the Dan Wiegner Group submitted a third proposal, it being a modification of the original proposal. Those modifications being (1) the operating company would guarantee payment on the total debt service on the Ptarmigan Lodge over the 13 remaining years of the lease in the amount of $666,039.00; (2) company would finance the improvements on the lodge from within their own resources and (3) change the basic period of the lease to 13 years from 10 years to correspond with the debt service schedule remaining on the Ptarmigan. Proposal one provides for 25 rooms to be turned over to the cultural groups. Mayor Standley questioned if the City would be paying realtor fees since Mr. Mechling is acting as an agent. Ms. Barbara Fasching submitted proposal consisting of a 10 year lease with 2 five year options; 15% room income, 7% restaurant income, 7% bar income with $25,000 minimum and $35,000 minimum after three years as lease payment. Would agree to invest $100,000 to repaint and refurbish, not to be repaid by the City and would construct a tennis court on a one to one basis with the City - not to be repaid by the City. Tennis proposal was reiterated by the applicant. Ptarmigan Use Manager Mahoney stated he had received a proposal from Tenas in the form of a telegram which would be for a 30 year period. Manager Mahoney stated he could not measure or compare a comr~erciat venture with a social application, this would have to be a council decision. Councilman Breasted stated he felt Council had made the basic decision on land use in that area which is a recreational complex and a well run restaurant and bar to compliment that. Do not favor major expansion of the facility. Councilwoman Pedersen stated she would like the City to support the cultural aspects of the community, those organizations make the area more than just another ski resort. Councilman Walls stated the facility should pay its own way. Councilman Behrendt stated City support should be in the form of helping with a performing arts center, Ptarmigan cannot handle the entire problem of student housing etc. for the cultural groups. Feel the lodges will bid for some of the housing for students.. Councilwoman Markalunas moved that the City negoiate with the Wiegner Group and a draft lease be submitted at the next Council meeting. Seconded by Councilman Breasted. Mayor Standley stated he felt the cultural groups need to be supported, the MAA proposal would give the City two years to check things out. A separate lease could be drafted for the restaurant and bar. Councilman DeGregorio stated the Ptarmigan is not the answer for those groups, agree with the commercial aspect along with the 25 rooms for cultural groups. Mr. John McBride stated there are some groups who are thinking and are moving from Aspen because of the housing problem. A commercial facility out there will create more traffic in that location. Councilmembers Markalunas, Behrendt, Breasted and DeGregorio aye~ Councilmembers Walls, Pedersen and Mayor Standley nay. Motion carried. Police Equip. POLICE DEPARTMENT EQUIPMENT Chief Ritchey showed to Council present equipment, (firearms, flashlights, bullets) used by the Police Officers. Further informed Council these items are purchased by each officer from his own funds, Items are not provided by the City. Request the City buy for each officer smaller and less obvious equipment so a better image can be created. Funds are available for this purpose. Councilman Behrendt moved that the City buy the equipment as outlined by the Chief. Seconded by Councilwoman Pedersen. All in favor, motion carried. GRANT, PITKIN COUNTY Police, Grant Chief Ritchey outlined to Council a grant is available for this region for burglary prevention. Funds would have to be matched, cost to the City $1500.00. Councilman Walls moved to approve the request for funds in the amount of s1500. Seconded by Councilwoman Pedersen. All in favor, motion carried. WATER, ASPEN HIGH SCHOOL Water,School Mr. Richard Lee was present to request a tap for irrigating the landscaping at the school on Maroon Creek. Requesting Council to waive the tap fee of $20,000, which if paid could not afford to do the landscaping. Ask that Council consider a raw water supply. Mr. James Markalunas, Water Superintendent stated they are p~esently being served from the Meadowood line. Mr. Markalunas stated he did not agree with waiving the tap fee, raw water line can be constructed off the Maroon Creek line. Easements are available and the same line could extend to Iselin Park and eventually to the golf course for irrigation purposes. This would require about 2700' to reach the school. Present ordinance provides that monthly water fees for schools are payable on an in-city rate. As a temporary measure, utilizing the hydrant located in the vicinity was dis- cussed. Mr. Markalunas stated the raw water line could be constructed by fall. City Attorney Stuller stated the tap fee cannot be waived without a change in the ordinance. Councilman Breasted moved to allow the school to use the water from the hydrant on a temporary basis contingent upon permission from the Fire Department. Seconded by Councilman Walls. All in favor, motion carried. Councilman Walls moved that the City Manager Negoiate with the school district for raw water for irrigation. Seconded by Councilwoman Markalunas. All in favor, motion carried. Councilman Breasted moved that temporary conditions to provide water to the playing Water,Sch~ field be granted only until the fall of 1974. Seconde~ by Councilwoman Pedersen. All in favor, motion carried. WATER TAP, MCBRIDE, AIRPORT BUSINESS CENTER Water, Air- Mr. John McBride was present'to request a water tap for'irrigating the landscaping port Bus. Cen~ along the highway presently using a hose system off of three buildings and using treated water. COst for one Spigot would be $2600 Which is not worth the price for irriating. Mr. Markalunas stated he would recommend the tap fee be Charged. Request denied. DIRECTOR OF FINANCE City Manager Mahoney stated he has a man coming in from the University of Colorado Finance Dir. who will be here for 10 weeks - Professor Don Rodgers. Following the ten week period the permanent position will be filled by Mr. George Karvel. Councilman Breasted moved to approve the appointments as proposed by the City Manager. Seconded by Councilwoman Pedersen. All in favor, motion carried. FINANCE MEETING Meetings Wednesday, May 29, 1974, 9:30 a.m. CITY/COUNTY MEETING Tuesday, June 4, 1974 MAYOR'S DEED Deed Deed to Delice Pastry Shop was submitted by the city Attorney, who reported all requirements had been metl Councilwoman Markalunas moved to authorize the Mayor and City Clerk to sign the Mayor's Deed. Seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION ~16, SERIES ©F 1974 Speed Limit, Councilwoman Pedersen moved to read Resolution ~16, Series of 1974. Seconded by Highway 82 Councilwoman Mar~alunas. Ail in favor with exception of Councilman Walls who voted nay. Motion carried. RESOLUTION #16, SERIES 1974 WHEREAS, the Aspen City Council is of the opinion that the present allowable speed limit on Colorado Highway 82 within the City limits has enchanced the danger to drivers, reduced pedestrian safety, accentuated the problems caused by hitchhiking, and generated the need for extensive traffic controls none of which affords protection adequate for the residents of and visitors to the City, and WHEREAS, the Aspen City Council wishes the Colorado Highway Department to consider the reduction of the maximum speed on Highway 82 to 25 m.p.h, within the City limits, NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ASPEN, COLORADO: 1. That the appropriate speed limit for those sections of Colorado Highway 82 within the Aspen city limits is 25 m.p.h. 2. That this determination be made known to the Colorado Department of Highways and that a copy of this reSolution be forwarded to the Department for its consideration was read in full by the City Clerk. Councilman Breasted. moved to adopt Resolution #16, Series of 1974. Seconded by CoUncilwoman Markalunas. All in favor with exception of CounCilmembers Walls, DeGregorio and Breasted who voted nay. Motion carried. RESOLUTION 917, SERIES OF 1974 Councilman Behrendt moved to read Resolution #17, Series of 1974. Seconded by Bruce Gillis Councilwoman Pedersen. All in favor,motion carried. Commendation RESOLUTION #17 SERIES 1974 WHEREAS, The Aspen City Council has recently been apprised that its Chairman of the Planning and Zoning Commission; Bruce Gillis, has begun an extensive vacation with some possibility of not returning to the area, and WHEREAS, the Planning and Zoning Commission by-laws, more specifically Section 1 of Article V thereof, provide that any member of the Planning and Zoning Commission who has three or more unexcused absences from regular meetings during the calendar year may be subject to removal from said Commission by the City Council of the City of Aspen, and WHEREAS, such three unexcused absences has occurred, and the City Council at its May 13, 1974 meeting felt compelled, because of the series of important meetings to be conducted by the Commission in the near future to effectuate the rezoning of the City, to replace Bruce Gillis so that the full membership of the Commission would be present at all such meetings, and Bruce Gillis WHEREAS, the City Council wishes that there be no mis- Commendation understanding of its action taken nor that its action be construed in any way to reflect negatively on Bruce Gillis and his member- ship on the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That Bruce Gillis be, and hereby is, commended for his past services as a member, an~ later as Chairman of the Planning and Zoning Commission of the City of Aspen. 2~ That the Aspen City Council regrets that the circumstances of the time compel his r~placement as a member of the Planning and Zoning Commission but hereby makes of record its appreciation for his time and efforts on behalf of, and his concern for, the future of the City of Aspen was read in full by the City Clerk. Mayor Standley stated he objected to the Whereas's outlined in the Resolution. Councilman Walls moved to amend the resolution taking out the whereas's and resol- ution then stand adopted. Seconded by Councilwoman Pedersen. All in favor with exception of Councilman DeGregorio who voted nay. Motion carried. Councilwoman Pedersen moved that the City consider giving members of lay boards and commissions recreation passes this summer if it is legal. Seconded by Council- man Breasted. All in favor with exception of Councilmembers Breasted and Behrendt who voted nay. Motion carried. COUNCILMEMBER COMMENTS Councilwoman Pedersen voiced her concern over the lack of cleanliness of the public "Johns" johns located adjacent to Wagner Park. City Manager to check out. Mayor Standley read correspondence which stated a rugby club team from France will be making a tour of Colorado. June 2nd to 8th has been declared National Rugby Rugby Week. On June 4th they will be playing a game in Aspen. Request permission to lodge the touring people at the Ptarmigan, (50 people). Council denied the request as there would be no personnel at the Ptarmigan. Councilwoman Markalunas submitted people to the City Clerk which supports Ptarmigan commercial use of the Ptarmigan Lodge. Councilwoman Markalunas questioned if seal coating of streets would take place Streets this summer - City Manager stated he Ks in process of meeting with the contractor. Markalunas further request a meeting be held with the Sanitarian to discuss what he is doing for the City as relates to restaurant inspections. Councilman Breasted request the City Manager contact the State Highway Department Highway 82 to pick up the survey markers along Highway 82 which have been left 'and are un- sightly. City Manager to also contact the County Commissioners. Parking Councilman Breasted stated an error was made in the Newspaper, the City Council has not given up the idea of underground parking at the Hyde property location. Thomas Prop. Further stated he would like to see stronger action relating to retaIning the Thomas property as pasture land. City Attorney reported this could be done by restricted covenants. Water Mayor Standley reported a meeting will be held at the Holiday Inn relating to West Divide project. Parks and Recreation Director Ted Armstrong submitted rules for the tennis courts Tennis Courts at Iselin Park. Council discussed the proposed fee to be charged of $1.00. Council request Mr. Armstrong submit a proposal with no charge. Councilwoman Markalunas moved to approve the proposal as submitted. Seconded by Councilman Walls. Councilmembers Walls and Markalunas aye; Councilmembers Behrendt DeGregorio, Pedersen and Mayor Standley nay. Motion not carried. Councilman Walls moved to adjourn at 10:05 p.m., seconded by Councilman DeGregorio. All in favor, motion carried and meeting adjourned. / Lorraine Graves, City Clerk