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HomeMy WebLinkAboutminutes.council.19710208 1125 Regular Meeting Aspen City Council February 8, 1971 Meeting was called to order by Mayor Eve Homeyer at 4:04 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Fitzhugh Scott III, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. Minutes Councilman Whitaker moved to approve the minutes of January 25th as prepared and mailed by the City Clerk. Seconded by Councilman Walls. Ail in favor, motion carried. Mayor Homeyer passed out to the Council, City Attorney, City Manager and Mr. Dunaway of the Aspen Times pens used in the signing of the contracts for the purchase of the golf course property from Tipco. Environmental Mayor Homeyer informed those present, a~c~eck from the Aspen County Store has been re- Fund ceived in the amount of S2,000 for the Aspen Environmental Fund. Civil Defense Civil Defense Program - City Attorney Kern reported the Statutes state a city is authorize¢ Program and directed to establish*a civil defense program. Councilman Whitaker moved to recommend this to the RSA a a proper project to be funded from the RSA. Seconded by Councilman Griffin. Ail in fair, motion carried. Board Vacancie~ Board of Adjustment Vacancy - It was reported the vacancy created by Luther Atbrights moving out of the city limits has been advertised. Letter of interest from Barbara McLoughlin was submitted to Council. Council indicated Mrs. McLoughlin is unqualified due to her absence from the City within the last two years. Councilman Whitaker reported Mr. Charles Patterson had contacted him and he is interested in serving. Council stated they wished to follow the procedures establised and request Mr. ~atterson write a letter to the Council indicating his interest. Tabled ~ntiI the meeting of the 22nd. Board of Examiners and Appeals, Vacancies - Mayor Homeyer reported the following vacancies exist: private citizen, general cont=actor, elec.trician and engineer. Not inter:ested in re-appointment and presently on the Board are private citizen Richard Graves and general contractor Earl Schennum. Joseph Krabacker, engineer has been contacted and does desire re-appointment. Electrician Gilbert Holloway was ~na.vailable~o the.conta-cted. Councilman Walls moved to advertise the four vacancies on the Board of Examiners and Appeals. Seconded by~ Councilman Va~e. All in favor~,-motion carried.- ~ Rules of Rules of Procedure City Clerk Lorraine Graves submitted previously to Council standard Procedure rules of procedure to be used by the City Council and other boards and commissions of the City. Councilman Comcowich moved that the necessary resolution be prepared for adoption of the rules of procedure as submitted. Se,conded by Councilman Whitaker. Ail in favor, motion carried. Happy Hearth Hap~y Hear~th Inn -. Counci.l~n Vare reported ~t~ Council a group of' 30 people met, meeting Inn chaired by Mrs. Kuhn, and discussed their deszre that the Happy Hearth~Inn~Be used by' ~ cultural groups presently in existence so that the cultural act~vit~es~in~.~e:.nommunity~ can be pursued. It was reported that t~e Balle~.West Would be willing to pay for use. Mr. Bob Lewis stated existing facilities in town cannot handle a lot of th~ activities presently going on, not the correct environment for some of the activities. Councilman Va~e stated he would like to have Council wait a few months to give these people time to submit a proposal outlining the financial and planning for a cultural center somewhere on this property. Feel the Happy Hearth Inn is not a good location, need,a larger facility that can handle presemt and future cultural activities. Mr. Gilbert Colestock stated the Council should look very closely at the financial pictur~ of continuing this facility as a. lodge:;~theCity would be going into.-competition with private enterprise. Council indicated their concern that the property pay its way. Also stated their concern that the present cultural activities now utilize space in the public schools, Institute etc. and the City would be taking away revenue from these facilities. Mr. Lewis.stated we all pay taxes that compliment the recreation industry, we should also consider the cultural industry. Councilman Whitaker stated ,the people-voted~on-the ,1% sales~tax for open space, and feel the Happy Hearth Inn should pay its own way. Mrs, Stalder stated the Council should give prime.consideration.to the public schools for space., . - 1126 Regular Meeting Aspen~City Council February 8, 1971 Floradora - Mayor Homeyer reported a memo has been received stating the Floradora has Floradora withdrawn, heir application for a beer'and wine license MonarCh Street - Councilma~ Whitaker submitted a memo to Council proposing 6he angle Monarch parking be replaced with parallel parking on Monarch Street and that the snow be removed Street as in the downtown except that it be removed from the middle of the street only. Councilman Comcowich moved to obtain the comments of the people on Monarch Street as relates to the memo submitted and Council consider this at the~meeting on February 22nd. Seconded by Councilman Whitaker. Manager Wurl informed the ~Council there are problems in adding to the snow removal area. Presently it takes 4-1/2 hours to clear the 42 blocks the City now clears which is all they can handle within the 3:00 to 7:00 tow away period. There are other areas in the C-1 zone where we do not tow that should ha~e attention also. At some future dat~e~ Council should consider the entire C-1 zone. Manager Wurl submitted a report showing the frequency of accidents and traffic counts at 17 intersec, tions. Ail in favor, motion carried. House Bill ~1066 - Councilman Whitaker request Council support this bill dealing with House Bill #1066 protection lanes for pedestrian an~ bicycle paths along highways. Council indicated they desired to read the entire bill prior to supporting same and request the City Clerk obtain a copy of the bill. Manager Wurl reported a bill was introduced by Mr. Strang (#1118) dealing with extension House Bill mll18 of cities jurisdiction on rivers and streams which are domestic sources of water from 5 miles to 10 miles. Teen Center - Manager. Wurl reported the sound proofing,ceiling and repair of exit lights Teen Center have been completed. Colorado Mountain College Lease - Manager Wurl reported the lea~a?~a,s expired and letter Colo. Mtn. College from the college is submitted indicating they deszre renewal O~ the ~ease. Lease Council discussed tax sl~pported entm~e~ be~mg~sub~d~zed by the C~ty. Manager Wur~ sub- mitted a memo outlining the utilities paid by the City for the space utilized by the College, Teen Center, ACVB and Thrift Shop. : Council request Manager Wurl submit at the next meeting the pro rated share for the ~usinesses mentioned above for utilities and space. One Way Bleeker Street - Manager Wurl reported complaints have been received and recommend Bleeker Street that the street be made one way going east and restrict parking on both sides except on the east end where parking be allowed on the south side only. Plan was submitted. Further reported the Ci~/ Engineer has discussed this with the people in this area and they are in agreement. Manager Wurl reported the Engineering Department is working on a north side annemation street plan. Councilmen Comcowich moved that the necessary steps be taken to comply with the plan sub- mitted. Seconded by Councilman Griffin. Ail in favor, motion carried. Mill and Main Street - Manager Wurl submitted a proposal for the intersection of Mill and Mill & Main St. Main for no left hand turns, State Highway Department has no objections. Council stated their concern for emergency vehicles to the hospital and traffic to the Red Mountain area. Discussed alternatives to this plan. Councilman Vare stated he felt rather than a trans- portation study, what we need is someone to come here and look at this problem on a broader scale, such as an urban designer. On the 20th of this month will have an oppnrtunity to meet with a firm dealing in urban design' and it might be a good idea to invite one of the consulting firms on transportation to also talk and then decide which study we need. Should have a design consultant to work with the planner on a continuing or retainer basis Manager Wurl stated the City needs to get moving on some of these problems and then go into ~. the broader picture. ~roposals submitted may not be the answer, but we need to do something while studies are being made. Councilman Walls stated to have a continuing consultant would be a duplication of our planning department. ~ . . Council indicated the~ felt the transportation ~roblems are of top priorzty and would like to have ~ recommendation from the Planner's offzce for a consultant to study this problem. February 22nd. Seconded by Councilman Griffin. All.in favor, motion carried. Seventh & Seventh and Hallam - T~o alternates from the Stste Highway Department were submitted to Hallam handle the traffic at this intersection. Councilman rare left Council Chambers. Manager Wurt recommend Council approveAlternate ~l,which includes the installation of sign~ and construction of islands so as to control the turn movements.at this intersection. Councilman Comcowieh moved we proceed with, Alternate #1 as outlined on the pl@ns from the State Highway Department. Seconded by Councilman Walls. Rollcall vote - Councilmen Whitake~ aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Councilman Vare returned to Council Chambers. Auditor Auditor - Councilman Comcowich moved to ~esignate Dan Handyand Associates to audit the City,'s books for 1970. Seconded by Councilman Griffin. Roll call vote -Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Wails aye; Whit~ker aye;~Mayor Homeyer aye. Motion carried. Delivery Trucks Delivery Trucks - Manager Wurl stated a meeting had been held with representatives of the trucking industry and they feel the one way alleys are very helpful; feel the biggest problem in the alleys is the conflict with the ears, in the alleys; some buildings do not have access to the alleys. They made the following recommendaDions: Include the alleys at the Opera House and Glenrose Drug as one way. to include all alleys in the C-C zone as one way and Manager Wurl work out the details. Seconded by'~'6'h~'cilman Scott. Ail in favor, motion carried. Request that a~&hange in-the zoning code be made that would require that-space, be made available and access to the alleys for deliveries as well as trash pickups o~ loading zones. Counc~il request this be referred to the Planning and Zoning Commission. from delivery trucks be adopted. Councilman Scott moved the City Attorney investigate this and make a'recommendation~to Council at ~the next meeting. Seconded by~ Co~uncilman,Whitaker. Ail in favor, motion carried. Request additional loading zones. Councilman Comcowich moved that the City designate loading zones at the following locations: Gallun Building, The Pub, Red Onion, North of Nell Building and Mountain Chalet and they be so designated~ as truck ~oa~ing zones only and they be located as close to the intersectionsas possible and further the request by Dr. Swearingen and~Ski Mart be denied. Seconded by Councilman, Whitaker~. Malls Malls-- Herb Barrel, ~l~anner~eported, the, Planning and Zoning Commission has agreed as the first phase~ of*,a complet,e malt area should be that ~rea as outlined in the mini bus report previously submitted. Councilman Vare stated to Mr. Barrel the. feeling of the Council was to,hear-a_ proposal by an urban designer. Mr.~Bartel commented he, would like ~o outline the specific responsibil- ities for this person and would need to cnnsult with~the Count~ Commissioners since all monies of the planner's office is under the RSA. Mr. Barrel explained his final proposal on the establishment of the goals task force will be submitted within the next two weeks. Golf Course Golf'Course Property--Manage= Wurl, submitted an in.terim, report recommending the following Property uses of the Inn be of a public nature, i. e. club house and employee housing fpr city and other governmental employees; that we operate the existing 9 hole course with monor merits nn~il funds are available to~comstru~t~a,high q, uatity nie hole~gotf course.- Also Accounts Payable Accounts Payable - Councilman Comcowich moved to approve the accounts, payable as submitted Seconded by=Coun'ciiman~S,cott. Ro.lL~calt vote -,CouncilmenWall~3aye;~,Comcpwich aye-; aye; Scott aye; Whitaker aye; Vare aye; Mayor Homeyer aye. Motion carried. Bond Counsel - Manager Wurl explained that Attorney Kern had received worR by t~lephone just prior to Council meeting that the firm of· Dawson,, Nagel, Sherman and Howard agreed with the opinions earlier given by Mr. Lamm.. Manager. Wurl further explained at the ~ime the Charter Convention discussed bonding, the chapter of the Charter was sent to Mr. Lamm, City, s bonding attorney for, review,. ~t-.the time the~l~ sales tax, ordinance was~,to~ go to a vote o~ the peopl~ M~ Lamm at~ tha~t~bime ~iso revi.ewed the ordinance.~ Previous to the signing of the contract with Tipco, Mr. Lamm verbally stated theme were no problems in a revenue bond issue being pledged with sales tax proceeds. No~ Mr. Lamm is reversing his opinion and states we now need to clarify this procedure by either a declaratory judgement or a charter amendment. Manager Wurl explained that the opinions of Mr. Kern and Mr. Howe are that the City Bond Counsel Charter is a document of limitations and that Unless the Charter specifically prohibi.ts an act, that is autdmatiCally permitted. Both bond counsel firms disagree with this principle and feel that it should specifically state that sales tax revenue can be pledged to retire revenue bonds. City Attorney Kern recommended the Council call for a charter amendment to be submitted Charter at the May regular election and include in the charter under revenue bonds the words, Amendment "including sales taxpro~eds.'"~Att cOr~esp~nden~e~relating to-this matter~were, submitted~ by Manager Wurl to Council. Councilman Walls moved to instruct the'Eity Attorney to-draft the~necessary documents for amendment to th~ Charter and~authorize the City Attorney and City. Manager to negoiate.~with Tipco for an extension on the closing. Seconded by Councilman Griffin~ Ail in favor, motion carried. Impound Lot - Manager Wurl informed Council a claim has been filed by Mr. Saviers, Jr. Impound Lot stating articles had been'stolen from his vehicle. Manager Wurl.~further informed Council, Mason and Morse have agreed to leaSe~to the City'the present~.site for~an impound~lot~on a yearly basis at a cost of $125.00 a month. Also presented a plat of the area and a plan to fence the property with an sstimate of cost in the amount of $1478.00. Councilman Vare moved to authorize City Attorney~Kern to negoiate theclaim, filed; authori:e the preparation of the leas~ with Mason and Morse and the signatures of th~e?Mayo~ and City Clerk be authorized; and authorize, when weather permits, fencing of the property. Seconded by Councilman Wall~. ROi1 call' vote - Councilmen Vare aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Police Chief Ritchey explained ~ome Vehicles have to be unlocked in order to be towed~ Cemetery Lane - Councilman Whitaker reported the 30 MPH signs which were authorized Cemetery Lane have no~ been instalted'.~Further request Council consider when the street is resurfaced the dip~ be removed. Council request this be tabled until the meeting of the 22nd, in order to gain comments from the people in this area. Acting ~it~ Manager - CoUncilman Whitaker mOved to designat~e Finance Director. Dennis Veeder as th~ Acting City Manager, in the absence of the City, Manager as provided by the Charter. Secona~sd by Councilman Griffin. Roll call vote -'Councilmen Vare aye; Griffin aye'; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Mayor Homeyer opene~ ~he public hearing on Ordinance-~l, Seri'es of 1971. Ordinance #1 Block 40 Councilman Griffin moved'to read by title only on second reading, Ordinance #1, Series of Hallam's Addition 1971. Seconded by Councilman Wal'ls. Roll cal~l vote -'Councilmen Vare aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE #1, SERIESOF'l~971, AN~OR~INANCE VACATIN~ A PORTION~OF THE ALLEY I'N BLOCK 40~, HALLAM'S ADDITION TOT HE CITY AND TOWNStTE OF ASPEN, AND RESERVING EASEMENTS FOR UTILITIES was read by title only by the City Clerk. There being no comments, Mayor Homeyer closed the public hearing. Councilman Vare moved to adopt Ordinance #1, Series-of 1971 on second reading and order the same published as provided by the City Charter. Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Vare aye; Mayor Homeyer aye, Motion ca'tried. Ordinance#2, Series of 1971, relating to leased parking was tabled~pending review by the Ordinance #2 planner. Leased Parking Dyer Property - City Attorney Kern reported he has prepared the agreement. Councilman Dyer Property Walls moved to authorize 'the Mayor and''C%ty Clerk to sign 'the agreement as submitted'. Seconded by Councilman Vare. Roll ~all'vote -~Councitmen Griffin aye; Scott aye; Walls aye; Whitaker aye; Vare aye; Mayor Homeyer aye. Motion carried. Councilman Vare stated he has been informed by letter the lots are being offered for sale to the City located west of the Crystal Palace at a cash price of $160,000.00. (9 lots) A petition bearing 38 signatures was submitted relating to the sleeping in cars problem. Offenses Request its enforcement or~t~ke it off the ~books. Chief Ritchey reported the police department is enforcing the ordinan'ce although it is difficult when you knock on a vehicle and ask the~person if they are sleeping and they say no, I'm talking t'o you. The policy being followed is the first time is a warning and thereafter they are ticke,ted. 1129 Regular Meeting Aspen City Council February 8, 1971 Council~request the City Manager notify the person who submitted the petition that the ordi-~ahee-~is being enforced. Councilman Walls moved to go into executive session. Seconded by Councilman Scott. Ail in favor, motion carried. Council reconvened into regular session at 7:50 p.m., whereupon Councilman Scott moved to adjourn, seconded by Councilman Griffin. Ail in favor, meeting adjourned.