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HomeMy WebLinkAboutminutes.council.19720814 Regular Meeting Aspen City Council August 14, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:10 p.m. with Councilmen Scott Nystrom, William Comcowich, Ross Griffin, Ramona Markalunas; Jack Walls, Francis Whitake~ City Attorney Albert Kern'City Manager Leon Wurl, Finance Director Dennis Veeder and Student Representative Margo Dick. Councilman Comcowich moved to approve the minutes of July 24th and 30th as prepared and mailed by the City Clerk. Seconded by Councilman Comcowich. All i~ favor, motion carried. Pantry Too Liquor License - Transfer of liquor license of Peddler's to The Pantry Too, ?antry Too Inc. City Attorney Kern reported the file meets with procedure requirements of the Liquor State and City of Aspen. License Mayor Homeyer opened the public hearing. Attorney John Wendt was present to represent the applicant. Mr. Wandt informed the Council the applicants will be operating presentl. the Village Pantry and also The Pantry Too. Eventually the two restaurants will be ~hased into ~ke Pantry Too restaurant. Councilman Comcow±ch questioned the amount out- standing on Utilities of the Peddler's. Mr. Wendt tendered to Finance Director Veeder the amount listed as being past due. There being no further comments, Mayor Homeyer closed the public hearing. Councilman Walls moved to approve the transfer of liquor license. Seconded by Council- man Nystrom. Roll call vote - Councilmen Whitaker aye~ Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried, aspen Teen Center - Mr. Jean Claude St. Pierre was present as requested by'City Manager Aspen Teen Wurl and Mayor Homeyer to discuss with the council the changes ~taken place at the teen Center center since the last motion made by Council on May 30, 1972; i.e. change in name, dance floor eliminated, appearance as a restaurant, attendance by people of all age groups. Aspen Teen Report of the building inspector was submitted: (1)repair sheet rock in ceiling where Center plumbing pipes are located; (2) install filters in range hood; (3) improper wiring in kitchen and two back rooms, install additional outlets and wiring; (4) clean boiler room of trash and 'junk, walls and ceiling should be made 1 hou~ fire resistive material and installation of 1 hour fire door with self closer; (5) rear exit sign inoperable and stai~ hot properly illuminated. Mr. St. 'Pierre reported on item ~1 he was told by Faye Ward to wait till the pipes had been fixed. Item ~2 was not aware this had to be done. Item ~3 will be taken care of immediately. Item #4 Donald Swales has told the teen center to stay out of the boiler room; Item #5 was taken care of this morning. No major changes have been done since bout March 1st. Th~ front door has been painted and changed the name to Angie's Little Italy. Teen center turns the kids off. This last Saturday 135 people frequented the center. Mrs. Ward gave ihstruc~ions to make at least $1,000 this summer which ~s needed for the electrical repairs and ceiling. Mr. St. Pierre stated the physical layout of the center is the same as it was. Councilman Comcowich reviewed with Mr. "St. Pierre that when he came before Council pre- viously with a proposal for a restaurant which would be open to the public, Council at th~ time had misgivings, which resulted in the motion made in May, 1972. Mr. St. Pierre stated that following the motion made in May, the teen board did meet, no comprehensive plan was made since Mrs. Ward was leaving for Europe the next day. Felt it was better to wait until fall when school goes back into session. Mayor Homeyer stated her condern for fire hazard with the trash that has accumulated in tM corners of the teen center and the rear door not operating properly. Mr. St. Pierre stated he was the one who made the decision to change it into a restaurant. Dropped the ice cream and put in sandwiches. Dance floor was eliminat~ed since the kids do not dance. Mrs. Melrose of the adult teen board stated Mr. St. Pierre has no lease, he is operating as the manager, and gets 60% of the profits. It was reported the manager and adult board were not aware there were age limitations. Councilman Comcowich moved that operations at the Aspen Teen Center cease until conditions of the.motion made in May of 1972 have been met. Seconded by Councilman Nystrom. Student Ed Nichols was present and stated the original agreement was made 4 years ago and since that time no one under the eighth grade has been permitted. Since there is not age limitation, people are coming down to the center. There is enough adult supervision down there at all times ~n case of fire. Councilman Comcowich pointed out the purpose of the past motion was to put the control in the teen board. Rollcall vote- Councilmen Nystrom aye; Comcowich aye; Griffin ~ay; Markalunas nay; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Council pointed out to the teen board and adult board, they are free to come up with~a plan in Mrs. Ward's absence. Accounting to be handled in the interium by Mrs. Melrose. Burglar Burglar Alarms Chief Richard Ritchey was present and outlined to Council the City pre- Alarms sently monitors 23 alarm systems. Recommend the adoption oa an ordinance similar to Colorado Springs for a centralized alarm center. The center would be operated by private individuals as a business. Fees could be charged of about $200 plus false alarm charge~ of between $25.00 and $50.00 for each false alarm. So far this year the police department have answered 176 false alarms. Basically the number of systems has become too many for the police department and dispatch office to handle. Councilman Walls moved to authorize the City Attorney ~o prepare an ordinance similar to the Colorado Springs ordinance for consideration at the next meeting. Seconded by Counci~ man Whitaker. All in favor, motion carried. Arts & Arts & Crafts Fair - Mr. Bryan Tabor was present and presented a proposal for holding the Crafts Fair Arts & Crafts Fair on the vacant land at 5th and Hopkins. Fair to be held August 18th, 19th and 20th. Mr. George Madsen, proper~y owner across the street stated he objected on the grounds of traffic, congestion of people, sanitation problems and water problems. Water that would be utilized would come from a hose connected to the apartments managed by Mr. Madsen. It was reported there would be about 500 people attending the fair. Mr. Tabor stated they would furnish portable toilets and would install a temporary drinking fountain. Question was raised as to whether this proposal should go before the Bd. of ~Adjustment for interpretation as to its use in the tourist zone. Council agreed this request was not of council concern as it was being held on private property. Non- Non-conforming siqns - City Attorney Kern stated he is still waiting for a court date to conforming test the ordinance. signs Wagner Park Wagner Park Back-stop - , Student was present and request the back-stop put Back-stop back in Wagner Park for the young people so they can play ball in town. Councilman Markalunas moved to put some kind of back-stop back in Wagner Park so the children can play ball. Seconded by Councilman Whitaker. All in favor, motion carried. Councilman Markalunas moved that the City after this season not have a ball diamond in its present location at the open space area and a comprehensive plan be made for the area prior to next spring. Seconded by Councilman Whitaker. All in favor, motion carried Councilman Comcowich left Council Chambers. Villa Annexation etc. - Letter agreement in Place of a performance bond was submitted, Villa Annexation s Councilman Comcowich retUrned to Council ChamberS. ~tc. Mr. Windemuller stated he has an agreement With Mr. Steve Sherlock that he wi!l landscape ' ' ~ one year his property. Agreement will be enforced. ~ouncilman Wall§ ~oved?to approve the agreement.~:~ ~secOnded by councii~n Whitaker.~All ORDINANC~ #12, SERIES OF 1972 - Councilman Walls moved to read on second reading Ordinanc( ORDINANCE %12. Seconded by Councilman Markalunas, All in favor, motion carried. #12 ORDINANCE .912, SERIES OF 1972 - AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ASPEN, COLORADO, OF THAT CERTAIN TERRITORY OR REAL PROPERTY PARTICULARLY DESCRIBED IN THIS ORDINANCE LYING OUTSIDE OF, BUT ADJACENT OT THE CITY OF ASPEN, COLORADO was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~12, SerieS of 1972. 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.~ ORDINANCE #13, SERIES OF 1972 - Councilman Markalunas moved to read on second reading ORDINANCE Ordinance ~13. Seconded by Councilman Walls. All in favor, motion carried. #13 ORDINANCE %13, SERIES OF 1972 - AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE'CITY-OF ASPEN, COLORADO, DATED MARCH 6, 1967, AS AMENDED, TO PROVIDE ZONING FOR THE AREA ANNEXED .TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 12, (SERIES OF 1972) was read by title by the City Clerk. Councilman Whitaker moved to adopt on second reading Ordinance %13, Series of 1972. Se- conded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; ~ark~alUnas aye; Walls aye; Whitaker aye; MaYor Homeyer aye. Motion carried. ORDINANCE %14, SERIES OF 1972 - Councilman Whitaker moved to read on second reading ORDINANCE zOrdinance %14, Series of 1972. Seconded by Councilman Comcowich. All in.favor, motion 914 carried. ORDINANCE %14, SERIES OF 1972 - AN ORDINANCE VACATING EASEMENTS FOR UTILITIES PREVIOUSLY RESERVED IN ORDINANCE NO. 1 (SERIES OF 1957) was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance %14, Series of 1972 on second reading. Seconde, by Councilman Markalunas. Roll call vote Councilman Griffin aye; Markalunas aye; Comcowich aye; Walls aye; Whitaker~aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Comcowich moved to accept the deed and easement. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Sales Tax Election - Memorandum from City Attorney Kern was submitted to Council on the Sales Tax time period required under the law. In order to submit the question on the general Election election ~allot an ordinance and resolution have to be adopted. Mayor Homeyer'request the different commissions and administration have their recommenda- tions to Council by October 1st. Mayor Homeyer also stated her concern that the proposal will be talked to death if the election is not held until February 1973 and also of great :concern is the State picking up the 1%. Councilman Walls moved that the Planning Department present the proposed transportation plan to the community interest groups and get their comments so that the comments can be considered in the adoption of the~plah. Seconded by COuncilman Whitaker. Council request AttoP~ey Kern prepare the ordinance including the stiPulation that the 1% apply to capital improvements (with the assumption the transportation problem is of first priority), fund tax refund b~ $14.00 per person. Also request the City Manager prepare a cost analysis of the maintenance and operational costs based on the present plan. All in favor of the motiOn with the exception of Councilman Griffin who voted nay. Motio~ carried. Councilman Markalunas moved to authoriZe City Attorney Kern to prepare the necessary ~ resolution and ordinance calling for a special election to be held in conjunctign with the general election on November 7, 1972, such ordinance empgwering the City of Aspen to collect a 1% sales tax for capital improvementS. Seconded by Councilman Walls. All in favor, motion carried. Student representative Margo Dick was excused from the meeting. Thomas Property - ~ity Manager Wurl repomted the representatives of the Thomas property Thomas wish to deal on the entire parcel of land offered. Property They are also willing to defer any costs on Parcel B for 5 years or more. During that per~od of time the City can apply for a grant, price would not change. Councilman Walls left council Chambers. Councilman Comcowich moved to authorize City Manager Wurl to proceed with the negotiation~ for final action on the parcels offered. S.~con~ed by Councilman Markalunas. All in favol motion carried. Councilma~ Walls returned to Council Chambers. 1337 Regular Meeting Aspen City Council August 14, 1972 Cemetery Cemetery Lane Relocation - Manager Wurl reported the State will be in the area on other Lane projects after Labor Day and would like to do this project at that time. City's cost Relocation would be $3700.00. Money is available in the Street Department budget. Councilman Walls moved to authorize the expenditure of $3706~00 for Cemetery Lane Reloca- tion. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowi~ aye; Griffin aye; Markalunas aye; Walls aye; Wbitaker aye; Mayor~Homeyer aye. Motion carried. Parking Parking - Councilman Whitaker suggest the City apply the funds collected for lease parking spaces for the purchase of land or leasing of land. It was pointed out the funds collected to date are not enough to maks a big enough purcha~. Suggestion was made that the City wait until the time over all transportation study is implemented or considered. Suggestion was made the funds apply towards the acquisition of Rubey Park and parking spaces provided thereon. Councilman whitaker moved that the City Manager and City Attorney be requested to investi- gate the possible expenditire of the leased parking fund. Seconded by Councilman Comcowi~ All in favor, motion carried. South South Monarch -~Recommendation not made by the Planning and Zoning Commission. Result of Monarch vote was a tie. Councilman Comcowich moved that this request be denied. Seconded by Councilman Walls. Roll call vote Councilmen Griffin nay; Markalunas nay; Comcowich aye; Walls nay; Nys~rom aye; Whitaker nay; Mayor Homeyer nay. Motion not carried. Councilman Whitake~ mov~d/the~9~uest for curb delineation at the end of South Monarch be granted as proposed. Seconded by Councilman Markalunas. Roll call vote - Councilmen Whitaker aye; Walls nay; Markalunas aye; Griffin aye; Comcowich nay; Nystrom nay; Mayor Homeyer nay. Motion not carried. Council request Mr. Stan Johnson present a plan for Council consideration, outlining where the curb, gutter, paving, power poles etc. will be located. Aspen Alps Aspen Alps Cul-de-sac - Agreement and resolution submitted. Councilman Whitaker moved Cul-de-sac to read Resolution ~14, Series of ~972. Seconded by Councilman Comcowich. All in favor, motion carried. RESOLUTION NO. 14 (Series of 1972) WHEREAS, the City of Aspen in its continuing efforts to beautify the City and to provide for convenient and safe pedestrian travel has agreed with the Aspen~Alps Condominium Association for the construction of a malled area on a certain portion of Ute Avenue hereinafter described. AND WHEREAS, the City of Aspen desires to close a certain portion of Ute Avenue from vehicular t~affic and to permit it to be landscaped in accordance with a mall area plan submitted by the Aspen Alps Condominium Association. NOW, THEREFORE, BE IT RESOLUED that that portion of Ute Avenue described on the attached Exhibit "A" be and is hereby closed from vehicular traffic from this day forward. Agreement was read by Councilman Griffin. Council discussed and agreed the City would be responsible for the curb, gutter and paving of the cul-de-sac only, Alps responsible for the construction and maintenance of the landscaping in the cul-de-sac. Council also re- ques~ a water line be constructed to the cul-de-sac. Councilman Comcowich moved to adopt Resolution ~14 and approve the agreement as amended with the requirement of a water line to the cul-de-sac. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Encroach- Encroachments - Manager Wurl request the Council establish~a policy as to what corrections men~s should be made. Manager to submit additional copies of the outline to Council. Bicycle Bicycle Path - Manager Wurl reported the Federal Government did approve of the wor~ing on Path the easement for the bicycle path at the high school. Police Police Study - Council request the City Manager set up a meeting to discuss the study with Study the representatives who did the study, Commissioners and Sheriff. Financial Financial CQ~sD!~ant - Councilman Walls moved to appoint Kirchner and Moore as the finan- Consultant cial consultants for the City for the water line bond project.at a fee of $3940.00. Se- conded by Councilman Comcowich. Roll call Vote - Councilmen N~s~m aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. RESOLUTION RESOLUTION ~12, SERIES OF 1972 - Councilman Walls moved to read Resolution #12, Series of ~12 1972. Seconded by Councilman Comcowich. All in favor, motion earried. (See bond pro- ceedings for actual resolution) 1338 · .R~lar M~eti~ ~ Aspen City ~ou~cil councilman Whitaker moved to adopt Resolution %12, Series of 1972. Seconded by Councilman RESOLUTION Markalunas. Roll call vote - Councilmen Whitaker aye; Walls.aye; Markalunas aye; Griffin ~12 aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Resolution ~13, Series of 1972 - Councilman Walls moved to read Resolution %13, seconded RESOLUTION ~y Councilman Comcowich. All in favor, motion carried. ~13 RESOLUTION ~13 (Series of 1972) T WHEREAS, the rapid growth rate of the City of Aspen and its environs has created ever increasing problems affecting the quality of living ~n the community. AND WHEREAS, the City Council desires to preserve the com- munity,s ~stor~cal-cultural heritage and broad social base, as well as preserving the community's natural resources including scenic views, natural rivers and wildlife. AND WHEREAS, it is recognized that uncontrolled growth within the City of Aspen and the surrounding community will continue to cause irreversible damage to the life style of the community. NOW, THEREFORE, BE IT RESOLVED that the City of Aspen take the necessary steps to control and affect the rate of growth for Aspen and its vicinity, which shall be-in balance with public facilities (highways, transit, hospitals, sanitation, schools etc.) insuring that the growth that does occur in Aspen and its vicinity preserves the natural resources, including scenic views, rivers and creeks, wildlife, and the open character of highway approaches to Aspen; and also preserves the community's historical-cultural heritage, quality recreational resources and broad social base; and improves the quality of life for its citizens. Councilman Comcowich moved to adopt Resolution %13, Series of 1972. Seconded by Council- man Walls, Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Nystrom aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Ice Palace Agreement - Next agenda. Ice Palace Agreement Finance Director - Manager Wurl reported Mr. Dennis Veeder is leaving the City to take a Finance position as City Manager of Park City, Utah. RecDr0mend Council appoint William Leslie as Director the Acting Finance Director and advertise for a finance director. Councilman Comcowich moved to appoint william Leslie as Acting Finance Director and City Manager Wurl be authorized to do everything necessary to seek applications to permanently fill the position as finance director. Seconded by Councilman Walls. All in favor, motiol carried. Hospital - Copies of application for federal grant and loan for the hospital was submitted Hospital Councilman Markalunas moved that the City write a letter for the hospital in order that they gain money for federal grant and loan. Seconded by Councilman Walls. All in favor, motion carried. Historic Preservation Committee - Councilman Markalunas moved to appoint Mr. John David Historic Finholm to the Historic Preservation Committee. Seconded by Councilman Nystrom. All in Preservation favor, motion carried. .ommittee Lodging Association - Lodging Association letter on next agenda. ,odging Association Councilman Griffin moved to adjourn at 8:15 p.m., seconded by Councilman Nystrom. All in favor, meeting adjourned.