HomeMy WebLinkAboutminutes.council.19710726 Regular Meeting Aspen City Council July 26~ 1971
Meeting was called to order by Mayor Eve Homeyer at 4:05 P. M. with Councilmen Scott
Nystom, Ramona Markalunas, Jack Walls, Francis Whitaker, City Attorney Albert Kern and
City Manager LeOn Wurl.
Councilman Walls moved to approve the minutes of the last meeting. Seconded by Councilman
Minutes Whitaker. All in favor, motion carried.
Councilman William Comcowich arrived.
Board of Ex- Board of Examiners and Appeals - Letter of interest in serving on this B~ard was submitted
aminers & Appeal by Fred Smith. Council request the City Clerk schedule an executive session for 3:50 P. M.
next regular Council meeting day.
Public Hearing. Schedule of Hearings Council agreed to schedule public hearings on zoning of the West
Schedule Aspen Subdivision Filing #3 Annexation, Aspen Hills Annexation and Open Space Annexation
#1 for August 23, 1971 at 5:00 P. M.
Traffic Letter from Mrs. Fritz Benedict relating to Main Street's traffic and pedestrian problems
Regulation was submitted to Council.
Councilman Whitaker moved to request the Division of Highways to reduce the sp~ed limit
on Main Street from. Seventh Street to the junction of Cooper Avenue to 20 M. P. H.
Seconded by Councilman Markalunas. All in favor, motion carried.
Council request of 20 MPH is not approved by the State, City Manager make a request for
25MP~.
Councilman Markalunas moved that the Council request the Police Department to enforce the
traffic regulation through out the entire City with special, emphasis at the Post Office
and Main Street. Seconded by Councilman Nystrom. Ail in favor, motion carried.
Council instructed the Transportation Committee to come up with a definite recommendation
for Main Street as relates to traffic signal, one way streets and areas dealing with the
traffic~and pedestrians on.Main Street by August 23rd~ Councillrequest this appear~on~ ~
Council's agenda 8/23/71.
Finance Director Dennis Veeder arrived.
Street Closing - Mayor Homeyer suggest the City authorize a Sunday Street Closing during
the month of August. Parks are getting as much use as they can stand. The Arts and Crafts
Show could be held in the streets.
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Regular Meeting Aspen City Council July 26, 1971
Councilman Whitaker and Comcowich stated they would agree to close off several blocks for Street Closing
the show but would not be willing to go with closing off all the streets as on the 4th of
July.
Councilman Comcowich moved the streets not be closed again until adequate off street park-
ing is obtained in the downtown core area. Seconded by Councilman Whitaker. Roll call vote-
Councilmen Nystrom aye; Comcowich aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Ho-
meyer nay. Motion carried.
Blue Moose Stock Transfer - Mr. Jim Gibbons introduced new stockholder, David Hoster, and Blue Moose
stated Mr. Holster is a good bartender and also entertainer and would like to have him as Stock Transfer
a partner in the business. Mr. Bert Bidwell was present and stated he would like to meet
in executive session with Council to discuss this transfer. Reported he had no objection
as to the character but have had p~oblems with the lease. Mr. Bidwell reported a letter
agreement had been drafted by Mr. Bidwell's attorney requesting the leasee to notify the
leasor when a stock transfer takes place. Mr. Gibbons stated they had refused to sign the
agreement.
City Attorney Kern reported this is out of the jurisdiction of the Council and rests with
the leasor and leasee. Council authority this date is to review the character of the new
stockholder only.
Council disucssed in general the requiring of additional information on all forms of app-
lications.
Council agreed to table this request until an executive session following the regular
meeting, and also the request of House of Lum stock transfer.
Starboard Tack - Purchase and Sale - Councilman Comcowich questioned the applicant, Kurt Starboard Tack
Ramel, who was present about previous corporation Starboard Tack, Inc. asking people to Purchase & Sale
accept S.15 on the d~llar for their debts. Letter sent to the City read by Councilman
Comcowich. The new corporation is using the name of Starboard Tack and also staying in
the same location so feel should be liable for the debts of the old corporation.
Attorney Charles Brandt was present representing the applicant and stated th~ applicant
is a new corporation and have~no, connection with the old Starboard Tack, Inc. Food Services
Inc. (old Starboard Tack) did not receive any money for their assests. The new corporation
did assume the obligations for Food Services, In. which were known, i. e. First National
Bank, U. S. Bank of Grand Junction, Fred Sperber, Tom's Market and rent to the Elks.
Information is submitted in the file to substantiate the character of the new applicants.
Councilman Ross Griffin arrived.
Mr. Ramel stated the reason for keeping the name of Starboard Tack is because this name
is already established.
Councilman Comcowich stated Peter Guy, Aspen Laundry and the City were asked to settle
$.15 on the dollar.
City Attorney Kern stated the responsibility of the Council is only to review the character
and financial condition of the present applicant. Where there is a transfer, there is no
authority to require the new applicants or corporation to be responsible for the debts of
the previous corporation.
Councilman Comcowich moved that appropriate action on this transfer to Kurt Ramel's Star-
Board Tack be postponed until the next City Council meeting so that the creditors can
meet with~the new corporation to determine the liability in these debts. Seconded by
Councilman Nystrom.
City Attorney Kern stated one corporation does not have to assume the liabilities of
another corporation.
Mr. Ramel stated to assume all the old deb'ts would make it unfeasible to try and buy the
business. It takes money to eB:tablish a new name.
Roll call vote - Councilmen Whitaker nay; Walls nay; Markalunas nay; Griffin nay; Com-
cowich aye; Nystrom aye; Mayor Homeyer nay. Motion not carried.
Liquor License Board - Councilman Comcowich stated he felt the appointment of a board con- Liquor License
sisting of 3 members for 6 year terms as the local licensing board, should be established. Board
Council instructed City Attorney Kern to investigate~limiting consideration of licenses
to April and October.
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Planner's Planner's Report - Mr. Herb Barrel, Regional'Planner, request the Council schedule a
Report public hearing on PUD Districts; Neighborhood Commercial District and square footage
Councilman Walls moved to schedule a public hearing on August 23rd at 5:30 P. M,, seconded
by Councilman Whitak~r. Ail in favor, motion carried.
Mr. Barrel relayed a request from the County Commissioners and Hospital Board to hold a
special meeting on Thursday, July 29th at 4:30 P, M. to discuss funding of a project of
the hosplta~~. Council representatives to RSA agreed to the special meeting.
Mr. Barrel request the Council hold a study session on August 2nd at 5:00 P. M. to discuss
with Planning and Zoning Commission Lift No. 1 alternatives. Council agreed. City Manager'
Wurl stated he would not have the financial figures as relates to the mini buses by Monday
as requested by Tom Wells of the Transportation Committee.
Maroon Creek Maroon Creek Treatment Plant - Manager Wurl referred to a rough draft of a letter prepared
Treatment Plant by Lamont Kinkade, Sanitarian, outlining the alternative systems the City would accept.
Council agreed to offer alternatives 1 and 2 only, with the qualifications that when the
plant is overloaded, the campground is closed and the alternatives supply to all camp
grounds on Maroon Creek and further that the Forest Service put in writing they would not
expand the campgrounds.
Paepcke Park Lighting - Manager Wurl submitted the estimate for lighting Paepcke Park
utilizing the street light on display in Council Chambers. Estimated cost $8,512.00.
Councilman Walls moved to approve the selection of street light and approve the project.
Seconded by Councilman Griffin, Roll call vote - Councilmen Comcowich~ aye; Walls aye;
Whitaker aye; ,Nystrom aye; Markalunas nay; Griffinaye; Mayor Homeyer. aye. Motion Carried.
Budget Schedule Budget Schedule - Budget schedule was submitted to Council. Councilman Whitaker moved to
approve the budget schedule.~ Seconded.by Councilman Comcowich. Ail in favor, motion
carried.
Leased Leased Parking - Copies of the proposed lease were submitted outlining a cost per month
Parking of $240.00 per year per space for 20 years.'Manager Wurl further reviewed sections of
the lease with Council, i. e. in the future if the requirements for parking or a parking
district is formed, that,the agreement would be cancelled as of that date and payments
would cease as of that date. Will not be providing spaces at this time.
Attorney Steven~Ware stated he did not feel this was the solution to the problem.
Mayor Homeyer stated the:City can 'either strangle itself to death or go for a parking
district. The present ar~aBgmmmnt gives the developer a choice to either provide the
parking or lease from the City.
Mr. Jean Ingham stated under this lease agreement basically the City is putting a~ lien
on the property for 20 years. Mr. Ingham stated he would be better, off buying land for
his parking.
Council stated unfortunately Mr. Ingham is caught up in a transition period. Mr. Adolph
Miklich questioned what would happen to the present structures, which if not included
the wholeTproject depends on new buildings. Councilman Whitaker reported the original
reason for. leasing was because of the eventual mallsin~the downtown area.
Dr. Robert Barnard stated he objected to the leasing because of the inequity. Feel a
parking district is the only answer. · ..,
Councilman Walls stated a cost analysis is now in process of underground parking at
Wagner, Rubey Park and under the streets.
Manager Wurl repo.rted it would take 40 mills to const.ruct parking based on the assessed
valuation of the downtown. Mr. William Dunaway suggest an additional 1% sales tax.
Council request City Manager Wurl and City Attorney Kern research the procedures for the
formation of a parking district.
Ordinance #16 ORDINANCE #16, SERIES OF 1971, AN ORDINANCE FOR THE REGULATION OF TRAFFIC WITHIN THE
Model CITY OF ASPEN, ADOPTING BY REFERENCE THE '~ODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"
Traffic AS APPROVED. AND PUBLISHED~IN t970...BY, THE DEPARTMENT ~OF'HtGHWAYS'OF THE STATE OF.COLORADO
Code AND INCLUDING IN SAID CODE REFERENCES TO A SECONDARY CODE OFFICIALLY TITLED "UNIFORM
TRAFFIC CONTROL DEVICES FOR ALL CLASSES OF STREETS AND HIGHWAYS" OF CURRENT ISSUE ALSO
PUBLISHED BY THE STATE DEPARTMENT OF HIGHWAYS; AND AMENDING SECTION 10-2 OF SAID CODE;
AND PROVIDING FOR PENALTIES THEREOF, was read by title only by the City Clerk.
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Regular Meeting Aspen City Council July 26, 1971
Councilman Wails moved to adopt Ordinance #16, Series of 1971 on second reading. Seconded Resolution #17
by Councilman Comcowich~ Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin Fred Iselin
aye; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried.. Memorial
Park
RESOLUTION #17, SERIES OF 1971 was read 'in full by the City Clerk as follows:
RESOLUTION #17
Series of 1971
WHEREAS, ltke community of Aspen recognizes the contributions of Fred Iselin, the
man, as well as Fred Iselin, the skier, past director of the Aspen Ski School, and past
director of the Aspen Highlands Ski School; a man who was a friend to many, admired by
the world of skiers, and whose name has been so closely allied with Aspen and skiing.
AND WHEREAS, the City of Aspen desires to honor and commemorate a park in memory of
Fred Iselin.
NOW, THEREFORE, BE IT RESOLVED that the City commemorate in perpetuity the name of
Fred Iselin by renaming Bavaria Park to be known from this time forward as "THE FRED
ISELIN MEMORIAL PARK."
Councilman Comcowich moved to adopt Resolution #17, Series of 1971. Seconded by Councilman
Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin
aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried.
Councilman Comcowich stated he had received a note from Elli Iselin thanking Council for
this gesture.
ORDINANCE #17, SERIES OF 1971 - Councilman Whitaker moved .to read by title only Ordinance Ordinance #17
#17, Series of 1971. Seconded by Councilman Walls. All in favor, motion carried. Junk
ORDINANCE ~17, SERIES OF 1971, AN ORDINANCE AMENDING SECTION 6-1-18 OF THE MUNICIPAL CODE
OF THE CITY OF ASPEN, REGULATING AND PROHIBITING THE KEEPING, STORAGE OR COLLECTION OF
JUNK; DECLARING THE SAME TO BE UNLAWFUL AND A NUISANCE; PROVIDING EXCEPTIONS THERETO:
AND PROVIDING PENALTIES THEREFORE was read by title only by the City Clerk.
Councilman Whitaker moved to adopt Ordinance 417, Series of 1971 on first reading.
Seconded by Councilman Walls. Roll call vote - Councilmen Griffin aye; Markalunas aye;
Comcowich aye; Walls aye; Whitaker aye; Nystrom aye; Mayor Homeyer aye. Motion carried.
ORDINANCE #18, SERIES OF 1971 - Councilman Walls moved to read by title only Ordinance Ordinance #1~
#18, Series of 1971, seconded by Councilman Whitaker. Ail in favor, motion carried. Dog License Fees
Manager Wurl reported this ordinance establishes the fees the same as the County.
ORDINANCE #18, SERIES OF 1971, AN ORDINANCE AMENDING SECTIONS 6-3-2, 6-3-3 and 6-3-11 OF
THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, REQUIRING THE ANNUAL RABIES VACCINATION
OF DOGS, REDUCING THE CITY LICENSE FEE FOR UNSPAYED FEMALE DOGS, AND REQUIRING A PAYMENT
OF THE FEE OF FIFTY ($.50) CENTS FOR ISSUANCE OF DUPLICATE L~ICENSE TAGS was read by title
only by the City Clerk. Councilman Comcowich moved to adopt Ordinance #18, Series of 1971
on first reading. Seconded by Councilman Walls. Roll call vote - Councilmen Walls aye;
Comcowic~ aye.; Whitaker~aye; Nystrom aye; Griffin aye; Markalunas aye; Mayor Homeyer aye.
Motion carried.
ORDINANCE #19, SERIES OF 1971 - Councilman Wal'ls moved to read by title only Ordi~am~e Ordinance #19
No~ 19, Series of j971, seconded by Councilman Comcowich. Ail in favor, motion carried. Water Line
Extension
ORDINANCE #19, SERIES OF 1971, AN ORDINANCE APPROVING THE EXTENSION OF THE MUNICIPAL WATER
UTILITY TRANSMISSION LINE was read by title only by the City Clerk.
Councilman Comcowich moved to adopt Ordinance #19, Series of 1971 on first reading,
seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye;
Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Nomeyer aye. Motion carried.
Report of the July sales tax collections was submitted.
Plans for public restrooms and for remodeling City Hall r~strooms were submitted. Cost of Restrooms
total project - $20,000. Cost of public restrooms only $9800. To be considered at
budget time.
Councilman Comcowich moved to go into executive session, seconded by Councilman Whitaker.
Ail in favor, motion carried.
Blue Moose Stock Transfer - Councilman Walls moved to approve the stock transfer of the
Blue Moose. Seconded by Councilman Comcowich. Roll call vote Councilmen Nystrom aye;
Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Markalunas aye; Walls aye; Whitaker
aye; Mayor Homeyer aye. Motion carried.
Regular .Meeting Aspen City Council July 26, 1971
'Starboard Kurt Remal's Starboard Tack - Councilman Whitaker moved to approve the transfer~ Seconded
Tack by Councilman Markalunas. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas
aye; Griffin aye; Comcowich nay; Nystrom nay; Mayor H~meyer aye. Motion carried.
House of Lum, Ltd. Stpck Transfer - Councilman Walls moved to approve the stock transfer
subject to submission of evidence of right to possession. Seconded by Councilman Comcowich.
Roll call vote~- Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas~aye;
Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried.
Councilman Markalunas.moved to adjourn at 7:45 P. M., seconded by Councilman Comcowich.
Ail in favor, meeting adjourned.
~ ~ Lorraine Gra~es, Czty Clerk