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HomeMy WebLinkAboutminutes.council.19740624 Regular Meeting Aspen City Council June 24, 1974 Meeting was called to order at 5:05 p.m. by Mayor Stacy Standley with Council- members Jack Walls, Jenifer Pedersen, Pete DeGregorio, James Breasted, Michael Behrendt, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney. MINUTES Councilwoman Pedersen moved to approve the minutes of June 10th and 12th as prepared and distributed by the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. CITIZEN PARTICIPATION Mining DaI a. Mr. Brian Taber submitted to Councilmembers passes to the Mining Days Fair Fair and showed poster that has been distributed around the community. AL ABAN - BEER & WINE LICENSE TRANSFER A1 Aban City Clerk reported the file is complete. City Attorney request a transfer of the lease be submitted (assignment of lease) and some evidence that the lease was renewed so as to extend beyond the July 31, 1974 expiration date be submitted. Councilman Behrendt moved to approve the transfer contingent upon the City Attorney's requirements being met. Seconded by Councilman DeGregorio. All in favor, motion carried. ORDINANCE ~14, SERIES OF 1974 Mayor Standley opened the public hearing. Second reading tabled at this time. There being no further comments, Mayor Standley closed the public hearing. ORDINANCE ~17, SERIES OF 1974 Mayor Standley opened the public hearing. Councilwoman Pedersen moved to read Ordinance 917 on second reading. Seconded by Councilman DeGregorio. All in favor, motion carried. Model Traffic ORDINANCE ~17, SERIES OF 1974, AN ORDINANCE REPEALING AN AMENDMENT TO THE 1973 Code EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES" WHICH REPEAL WILL ELIMINATE THE PROHIBITION AGAINST PARKING WITHIN TWO FEET OF A WALKWAY LEADING TO A RESIDENCE WHERE NO SIDEWALK EXISTS was read by title by the City Clerk. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to adopt Ordinance 917, Series of 1974 on second reading. Seconded by Councilman DeGregorio. Roll call vote - Councilmembers Walls aye; Pedersen aye; DeGregorio aye; Breasted aye; Behrendt aye; Mayor Standley aye. Motion carried. ORDINANCE #18, SERIES OF 1974 Mayor Standley opened the public hearing. Councilman Behrendt moved to read on second reading Ordinance #18, Series of 1974. Seconded by Councilman Breasted. All in favor, motion carried. COUNCILWOMAN Ramona Markalunas arrived. 1588 Regular Meeting Aspen City Council June 24, 1974 ORDINANCE #18, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 7 - 7 OF THE MUNICIPAL Stop Work Orders CODE OF THE CITY OF ASPEN WHICH AMENDMENT MORE PARTICULARLY DESCRIBES WHICH VIOLATIONS OF THE ORDINANCES OF THE CITY OF ASPEN WILL AUTHORIZE THE BUILDING INSPECTOR TO ISSUE STOP WORK ORDERS AND FURTHER PROVIDES THAT EACH DAY ONE SO NOTIFIED FAILS TO COMPLY WITH SUCH ORDER SHALL CONSTITUTE A SEPARATE OFFENSE was read by title by the City Clerk. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to adopt Ordinance #18, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Councilmembers ehrendt aye; Markalunas aye; Breasted aye; DeGregorio aye; Pedersen aye; Walls aye; Mayor Standley aye. Motion carried. SHADOW VIEW SUBDIVISION Final plat and subdivision agreement were submitted. Resolution recommending approval Shadow View was submitted by the Planning and Zoning Commission. Sub. Assistant Planner Donna Baer stated there will be 4 units, price range from $70,000 to $80,000. The retaining wall slopes with the land, and was established since the units are planned for families. Councilman Walls moved to approve the final subdivision plat and authorize the Mayor and City Clerk to sign the agreement. Seconded by Councilwoman Pedersen. All in favor except for Councilman Breasted who abstained and Counciman Behrendt who voted nay. Motion carried. UNDERSTREET PARKING PROPOSAL Off St. Parking Councilman Walls removed himself from the Council table and reviewed with Council the proposal. · Mr. Walls questioned from Council direction as to if this concept should proceed; furth~ if this plan were agreeable with Council. Stated the cost would be about 3.5 million. Councilwoman Markalunas suggest Mr. Walls contact different groups and/or organizations in the community and ascertain their reaction to the proposal prior to proceeding. Councilman Breasted stated he would like to have comments from the P & Z, Planning Office etc. Councilwoman Pedersen moved to requesta proposal for a feasibility study from Mr. Walls and he continue~is efforts in getting imput from people who will be affected. Seconded by Councilman Breasted. All in favor, motion carried. POST OFFICE LOCATION P. O. Location Mr. Don Piper representing Aspen One Corporation stated they had been contacted by the post office representatives, showing a renewed interest. Question to Council at this time is if the City wishes to trade land so that the City can gain the river frontage and access to the Roaring Fork River and also to provide an area for the post office location. Proposal including City of Aspen tract of 106,335 square feet fronting on Spring Street at a value of $7.50 per square foot as a trade for Aspen One tract of 93,936 square foot at a value of $8.50 per square foot. Agreement would have to be contingent upon Aspen One contracting with the post office for the purchase of the 106,335 square feet, plus other requirements, main one being voter approval in a referendum. Mr. Bartel reported another alternative post office location that has been discussed is on Lone Pine Road. This site has many disadvantages and is not being recommended by the Planning office, main proble~ being circulation. It was pointed out part of the Aspen One property is under water, price of the land is higher since it is river frontage. The point was made that the City should adopt a conceptual plan for the Rio Grande property so that criteria is established and the post office knows what they are working with. Attorney Robert Gruetter stated they are working on the problem of part of the Aspen One land that was fenced by the County some years ago. Mr. Bartel pointed out the City will need to take another look at the Spring Street alignment. Councilman Walls stated his strong concern of breaking up this large piece of property (Rio Grande Property), question whether the post office would fit in with a performing arts center and/or civic center and questioned why the post office needs such a large facility if there is to be mail delivery. Councilwoman Markalunas moved to draft a resolution to bring this item to a referendum. Seconded by Councilman Breasted. All in favor with exception of Councilman Walls who voted nay. Motion carried. POP CORN WAGON Mall It was reported the Ski Corporation has offered the owners of the pop corn wagon their site on Cooper avenue on a year to year basis. At this time requesting to extend their operatons into the mall. Mrs. Johnson, owner of the wagon, stated she has been able to contact five members of the Mall Commission who have given their approval for the extention. Petition of over 1,000 signatures was submitted in favor of retaining the wagon in the downtown area. Mr. Rich Wilde, Mall Co-ordinator stated this site will make the mall on Cooper Avenue'in that area more viable. Councilwoman Markalunas moved to allow the extention into the mall by the Pop corn wagon contingent upon signing a lease with the Ski Corporation, satisfying all fire, sanitation and building requirements, approval of the Mall Commission and reinstating the indemnification clause in the lease. Seconded by Councilwoman Pedersen. All in favor, motion carried. PTARMIGAN LEASE Ptarmigan Manager Mahoney stated a final satisfactory lease agreement had been reached this date. Copies were submitted to Council. Acting Finance Director Don Rogers stated he had just briefly reviewed the lease, lack of time to review it thoroughly, and made the following points: (1) would like to have a disclosure of the capital, how much will each investor be putting into {~is; (2) how soon will the premises be open; (3) under the terms of the lease how is this tied to the debt service; (4) cannot comment on the percentages outlined in the lease; (5) rent should be paid monthly to the City - minimum per month with the percentage the following month; (6) debt service could be paid every year - 8% seems very low; (7) <the shapelier the propei"ty~ upon its~eturn is not spelled out; (8) the implementation of the improvements Should be delineated and the improvements clearly stated; (9) consideration should be given to selling the furniture etc., outright rather than dealing with an inventory; (10) the insurance on improvments and perhaps the building itself should be up to the leasee, feel the figure stated is low; (11)~ clause on taxes is vague; (12) maintenance of the grounds should be the leasee responsibility; (13) assignment of the lease and automatic renewals should be reviewed very closely; (14) written notice should be 30 days rather than the 10 days notification; (15) rent should not be based on debt service but should be based on what the property generates. An analysis of the property could be done in a couple of weeks. City Manager stated he agreed with all the comments, time is running out and the City is losing money with the property sitting vacant. It was further pointed out the City has obligated themselves to providing the space for Ballet West as of August 1st. Additional comment was made that the City should have approval rights when a commercial enterprise goes in on the premises through the leasee0 Council request photographs be taken of the premises in detail, further that the premises be inspected. Council stated their concern for accepting notes as to the guarantee of meeting the debt service by the leasee. City Att orney Stuller stated she had not had time tOreview the lease, feel the City should make a counter proposal and the wording needs to be reviewed so that the City is protected. Description of the lease should be included, percentage on retail sales might be considered. Councilman Breasted moved that the length of the lease be~i~0 Years; paymeat on quarterly basis; some statement incorporated referr~g'~to the state of the property at termination; insurance increased; mathematicaldescription and map of the leased premises be included; rent be on an economic basis and no notes will be taken or accepted by the City. Seconded by Councilman DeGregorio. All in favor, motion carried. Council authorized the City Attorney, City Manager and Acting Finance Director to work out the lease arrangements based on the comments made by Finance Director and motion by Council. Ballet West BALLET WEST LEASE Councilwoman Markalunas moved to consider Ballet West Lease Agreement on the Council agenda. Seconded by Councilman Breasted. All in favor, moti6n carried. Attorney Stuller stated there would have to be modifications to this lease if any base lease is issued prior to August 1st. Ballet West would have to negoiate with the base lease people. One problem discussed as relates to the base lease would be the transportation of the students which has beenprovided in the past. Mr. Gene Mechling stated they would have to check out this lease prior to making any committments. Council agreed to hold a special meeting following week on this lease and the base lease. Mayor Standley pointed out the City is already committed to Ballet West agreement. Councilman DeGregorio moved to execute the Ballet West Agreement. Seconded by Councilwoman Pedersen. All in favor with exception of Councilmembers Breasted and Behrendt who voted nay. Motion carried. ORDINANCE ~20, SERIES OF 1974 Council agreed to hold a work session with Planning and Zoning Commission on this Sub. Div. Reg. ordinance (subdivision regulations). Mayor Standley to establish the meeting. ~'~ Councilman Breasted moved to recess the meeting for five minutes. Seconded by Councilman Behrendt. All in favor, motion carried. ~ Councilwoman Markalunas was excused from the meeting. ORDINANCE ~21, SERIES OF 1974 Councilwoman Pedersen moved to read Ordinance ~21, Series of 1974 on first reading. Seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE 921, SERIES OF 1974, AN ORDINANCE IMPOSING A LAND TRANSFER TAX UPON THE Land Transfer RECORDATION OF DOCUMENTS TRANSFERRING INTERESTS IN REAL PROPERTY; REQUIRING THE Tax COLLECTION OF SUCH TAX BY THE COUNTY CLERK AND RECORDER; EXEMPTING CERTAIN TRANS- ACTIONS FROM THE TAX IMPOSED AND ESTABLISHING PROCEDURES FOR ACQUIRING A CERTIFICATE OF EXEMPTION; PROVIDING FOR THE APPLICATION OF FUNDS TO LIMITED USES; AND ESTABLISHING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE AND FOR THE CREATION OF A LIEN ON THE PROPERTY TRANSFERRED FOR THE AMOUNT OF THE TAX UNPAID was read by title by the City Clerk. Discussed ear-marking of funds and what catagories should be included. Council stated their concern the ear-marking not be too restrictive but to be specific enough so that the citizenry understands how the tax funds are to be spent. General concensus of Council is that the main utilization of the funds ~toward a performing arts center, civic center. Suggestion was made the ear-marking be by resolution rather than inclusion in the ordinance which will require a vote of the people. Council agreed to amend the ordinance to read "civic, performing arts center and governmental buildings". as amended. Councilman Breasted moved to adopt the Ordinance on first reading/ Seconded by Councilwoman Pedersen. Roll call vote - Councilmembers Walls aye; Pedersen aye; DeGregorio aye; Breasted aye; Behrendt aye; Mayor Standley aye. Motion carried. ORDINANCE ~22, SERIES OF 1974 Councilman Breasted moved tO read Ordinance ~22, Series of 1974 on firSt reading. , Seconded by Councilman DeGregorio. All in favor, motion carried. ,I ORDINANCE #22, SERIES OF 1974, AN ORDINANCE ESTABLISHING A CONSERVATION TRUST ons. Trust FUND PURSUANT TO COLORADO HOUSE BILL 1084 AND AUTHORIZING THE DIRECTOR OF Fund ~ FINANCE TO CERTIFY THE SAME TO THE DEPARTMENT OF REVENUE was read by title by the City Attorney. Councilman DeGregorio moved to adopt Ordinance ~22, Series of 1974 on first reading. Seconded by Councilman Breasted. Roll call vote ouncilmembers Behrendt aye; Breasted aye; DeGregorio aye; Pedersen aye; Walls aye; Mayor Standtey aye. Motion carried. ORDINANCE ~23, SERIES OF 1974 Councilman DeGregorio moved to read Ordinance #23, Series of 1974 on first reading. Sec0~ded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #23, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 7-22 OF THE ASPEN MUNICIPAL CODE WHICH AMENDMENT MODIFIES THE QUALIFICATIONS OF APPOINTEES TO THE Bd. of Ex. & BOARD OF EXAMINERS AND APPEALS SO THAT IN THE EVENT A QUALIFIED ARCHITECT, Appeals ENGINEER, GENERAL CONTRACTOR, MASTER OR JOURNEYMAN PLUMBER, OR MASTER OR JOURNEY- MAN ELECTRICIAN IS NOT AVAILABLE FOR APPOINTMENT, ANY QUALIFIED PRIVATE PERSON MAY BE APPOINTED BY THE ASPEN CITY COUNCIL IN LIEU THEREOF, was read by title by the City Clerk. Council request the ordinance be amended to require two advertisements for the appointment prior to appointing a private person. Councilwoman Pedersen moved to adopt Ordinance ~23, Series of 1974 on first reading as amended. Seconded by Councilman Walls. Roll call vote Councilmembers Pedersen aye; DeGregorio aye~ Walls aye; Breasted aye; Behrendt aye; Mayor Standley aye. Motion carried. PETITION TO VACATE Petition to vacate streets, alleys, roadways etc., in the Woerndle Subdivision was Vacation,Woerndle submitted. Councilwoman Pedersen moved to approve and accept the petition. Seconded by ~ Councilman Behrendt. All in favor, motion carried. I ORDINANCE ~24, SERIES OF 1974 Vacation Councilwoman Pedersen moved to read Ordinance 924, Series of 1974 on firstreading. Woerndle Seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~24, SERIES OF 1974, AN ORDINANCE VACATING ANY PLATTED OR DESIGNATED PUBLIC STREETS, ALLEYS, LANES, PARKWAYS, AVENUES, ROADS OR OTHER PUBLIC WAYS WITHIN THAT TRACT KNOWN AS THE WOERNDLE ANNEXATION TO THE CITY OF ASPEN, COLORADO, was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #24, Series of 1974 on frist reading. Seconded by Councilman Walls. Roll call vote - Councilmembers Walls aye; Pedersen aye; DeGregorio aye; BreaSted aye; Behrendt aye; Mayor Standley aye. Motion carried. OREINANCE #25, SERIES OF 1974 Woerndle Councilwoman Pedersen moved to read Ordinance #25, Series of'1974 on first reading. Rezoning Seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~25, SERIES OF 1974, AN ORDINANCE REZONING THAT TRACT KNOWN AS THE WOERNDLE ANNEXATION TO R-15 PUD, PLANNED UNIT DEVELOPMENT was read by title by the City Clerk. Council agreed to establish the public hearing for July 22nd on this ordinance. Councilman Behrendt moved to adopt Ordinance ~25, Series of 1974 on first re-ding. Seconded by Councilwoman Pedersen. Roll call vote - Councilmembers Breasted aye; Behrendt aye; Pedersen aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion carried. ORDINANCE ~26, SERIES OF 1974 Elec. PIF Fee Mr. Larry Simmons, City Economist reported this ordinance (rates) would be interium and could be changed in January which would give the City sufficient time to build a data base on which to base the rates. Councilwoman Pedersen stated she felt there was too much difference between the residential rate and the all electric rate - takes away from the freedom of choice. Do not agree with a Plant Investment Fee for electric since the City does not operate its own plant but acts as a retailer. Do not believe our costs : ~ at this time substaniate a Plant Investment Fee. Mr. Simmons stated he is also working on a rate study at this time for electric. Reason for this ordinance is to have those people or projects pay who create the costs. Councilman Walls moved to table this ordinance until such time as the rate study is submitted. Seconded by Councilman Breasted. All in favor,with exce~i~n~of Councilmembers Pedersen and Behrendt who voted nay. Motion carried. COUNCILMEMBER COMMENTS Video Coverage a. - Grassroots Video - Proposal was made to put Council meetings on video. Cost to the City $1892.50. Council request Mayor Standley appear on Commentary as to how this would be accepted by the citizens. Off St. Parking b. - Parking - Council agreed to meet with the P & Z on Wednesday for study session on parking. c. - Ambulance - Councilwoman Pedersen moved to consider the ambulance lease Ambulance agreement on the agenda. Seconded by Councilman Walls. All in favor, motion carried. Councilwoman Pedersen informed Council the l'easing of a vehicle for ambulance service became an emergency situation over the weekend. Old ambulance while in transit with a patient caught on fire requiring a change to a private vehicle while on its way to the hospital. Insurance coverage has been taken care of. Councilman Walls moved to ratify and approve the lease agreement. Sec oned by Councilman Behrendt. All in favor, motion carried. d. - Informational items - Council conerned as to what progress P & Z making with Ord. 919 Ordinance #19 since the time period has almost expired. Lodge owner in the community recently cut down a large spruce tree - tree ordinance Trees to be considered in the near future. Hitch hiking bench stolen from the west end of town. e. - Agenda - Councilman DeGregorio request Councilmember comments be moved up on iAgenda Forma the agenda under citizen participation. Council concurred. f. -Tennis Court Maintenance - Councilman DeGregorio stated the courts should be Tennis Courts washed down at least every other day in order to preserve the mats. City Manager to check out. Also local people are not getting time to play on the courts due to the high demand since the courts are free. Council request the Parks & Recreation Director submit a proposal for charging for tennis at the next meeting. g. - Ecological Funds - Councilman DeGregorio mentioned to Council California has a name licen plate that they sell for $25.00 with the funds going to ecological purposes. 1592 Regular Meeting Aspen City Council June 24, 1974 Suggest the City pass a resolution to the State Legislature and encourage other cities License Plates to pass a similar resolution to instigate the legislation. Council concurred. h. - Smoking, Council Chambers - Councilman DeGregorio reminded Council the motion Smoking was to reconsider smoking in the Chambers when the ventilating system was installed. i. - Number of Councilmembers - Councilman DeGregorio suggest this appear on the next # Council- agenda to lower the number from 6 to 4. Concurred to appear on the next agenda, members j. - Council request the City Manager check into better maintenance of the "public 'public johns" johns", still getting complaints. Also check into providing benches outside the bus depot. Councilman Walls moved to adjourn at 9:20 p.m., seconded by Councilwoman Pedersen. All in favor, meeting adjourned. ~b~rraine Graves, City Clerk