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Home My WebLink Aboutminutes.council.19721127 Regular Meeting ~ Aspen City Council ~ , ~. November 27~ 1972 Meeting was called to order by Mayor Eve Homeyer at 4:00 p,.m. with Councilmen Scott Nystrom, James Breasted, Ross Griffin, Ramona Markalunas and Student Representative Dick. Mayor Homeyer reported a letter had been received from Tom Wells desiring appointment to the P & Z, letter mailed November 22nd and too late to be considered. Councilman Jack Walls arrived. Acting City Manager Dennis Veeder arrived. Audit Two representatives from the firm of Alexander Grant and Company were present and outlined the procedures involved with doing an audit and reviewed with CounCil the opinion on the audit. Stated the City has much improved over the year before, and the City's cash flow has much improved. Following suggestions were made: (1) establishment of a finance cormmittee to establish liaison between the finance director and the~Council; (2) use of legal counsel to advise and guide Council; (3) ~keep budget flexible and make changes during the year as they arise Within the budget instead of waiting until the end of the year. City Attorney Arthur Daily arrived. .~ Systems man outlined the City's present computer system and reviewed with Council the re- ports that are now being made for Council's information and department heads and report ~ that Council will be receiving after the first of the year which will outline cash flow etc. Informed COuncil they have one of the finest accounting systems in the State. Councilman Walls moved to appoint Alexander Grant and Company to do the 1972 audit for the City. Seconded by Councilman Griffin. Roll call vote - Counci!men Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Public Colestock, Beer, Wine and Spirituous Liguor - Mayor Homeyer opgned the public hearing. Hearing City Clerk reported (1) no application had been ~ade for this tOcation Within the last tWO years; (2) premises are not within 500' of 'a school; (3) pr'esently 3'7 ~outlets existing with the same type of license; (4)posting' and publication Of the application are in' order; (5)~survey~map~submitted.~ ~ ~ ~ ~ Attorney Sandy Stuller was present representing the applicant and stated this would be added to their existing complex (bar and restaurant), the bar would be~ an added service for their guests and nearby lodges. Testimony was given by the following owners of lodges~.~ai~I stating they felt this was a need in that area: Christmas Inn, Innsbruc'k Lodge, Coachlight, Molly Gibson, Snow Fla~ke. Mr. and Mrs. Colestoc~k were present and stated they would be running this as a family operation. Plans were submitted and reviewed by the Council. Bar will seat 40 people, restaurant 35 at a sitting. Restaurant and bar will b'e open from 4:00 p.m. to 11:00 p.m. Don't intend to conflict with entertainment in the core area. Feel the needs in this area are not being met for the tourists. Have owned the Holiday House since 1964. Other Ski areas are offering to the tourists complete facilities and this will be a full ser- vice lodge. Will have no live entertainment. Mrs. Colestoc'k stated she did circulate the petition which was submitted bearing approx- imately 110 signagures, all of which were people in the neighborhood and/or long time residents of Aspen. Ms. Stuller stated this is a rare situation and feels physically and mentally this area is a neighborhood rather than considering the entire City. This is not located downtown and will not be patronized by the same people who will be downtown. Ask that Council's definition of a neighborhood only include this~ a~rea.~ This area includes many. condominiums and the number 1 lift area. There was no opposition. Mayor Homeyer closed the public hearing. Councilman Nystrom moved to approve the liquor license for the Holiday House as applied for. Seconded by Councilman Griffin. Roll call vote - Councilmen Walls aye; Griffin aye; Markalunas aye; Breasted aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Council agreed to table the hearing on this transfer until such time as there is someone Transfer to represent the applicant. Council did note that the sanitation facilit~s are not in The Lodge good shape at this time and no permits were issued for remodeling at this establishment. Mr. and Mrs. Tom Isaac were present to represent their case. La Bodega Transfer of Mayor Homeyer opened the public hearing. City~ Attorney Daily reported the file all seems Beer and to be in order. Mr. Isaac stated he has had problems getting agreements relating to the Wine License'~ sanitation problems. Stated he will be serving fondue and cheeses, etc. Mayor Homeyer closed the public hearing. Councilman Griffin moved to approve transfer of the beer and wine license to Tom and Mary Isaac subject to correction of the health and sanitation problems. Seconded by Council- man Mar'kalunas, Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Mar'kalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Mr. Wardwell was present and stated the new stoc~kholder has been managing the operation Stoc'k Transfer for some time. Danny's Councilwoman Mar'kalunas moved to approve the transfer of stock as submitted. Seconded by Councilman Breasted. Ail in favor, motion carried. Councilman Griffin moved to consider the bond ordinance #21 on the agenda, Seconded by Bond Issue Councilwoman Mar'kalunas. Ail in favor, motion carried. Mr. Bob Kirchmer was present and submitted another draft of the ordinance. City Attorney Daily stated there are some changes Which the City desires to make in the ordinance. Finance Director Veeder~stated he~wauld like to make some changes as relates to require- ments of the flow of monies in the ordinance. City Attorney Daily stated the wording should be changed so that the ordinance relates specifically to only the original 1% sales tax and not the additional 1% recently passed ~r the county wide sales tax. Councilwoman Mar~kalunas moved to read by title only Ordinance #21, Series of 1972. Se- conded by Councilman Walls. Ail in favor, motion carried. ORDINANCE #21, SERIES OF 1972 AN ORDINANCE AUTHORIZING TH~ ISSUANCE OF REFUNDING AND ACQUISITION SALES TAX REVENUE BONDS~ SERIES A~AND B~ OF THE CITY OF ASPEN~ COLORADO~ IN THE AGGREGATE PRINCIPAL AMOUNT OF ~4~675~000~ FOR THE PURPOSES OF REFUNDING VALID A~ OUTSTANDING SALES TAX REVENUE BONDS OF SAID CITY AND ACQUIRING CERTAIN REAL PROPERTY COMMONLY KNOWN AS 'THE ~"THOMAS PROPERTY"~ AND ANY IMPROVEMENTS SITUATED THEREON: PRESCRIB- ING THE FORM OF SAID BONDS A~ INTEREST COUPONS; PROVIDING ~ FOR ~THE PAYMENT OF THE PRINCI- PAL OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE ONE PER CENT MUNICIPAL SALES TAX AND FROM OTHER SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH, PROVIDING THE USE~ DISPOSITION AND HANDLING OF THE PROCEEDS OF SAID BONDS~ INCLUDING THE CREATION OF CERTAIN FUNDS AND ACCOUNTS~ AND DECLARING AN EMERGENCY was read by title by the City Cler'~k Councilwoman Markalunas moved to adopt Ordinance #21, Series of 1972 on first reading. Seconded.by Councilman Nystrom. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls a~e;~Mayor Homeyer aye. Motion carried. Access No. 1 Mr. Bartel submitted the Planning and Zoning Commissions recommendation. Recommendation Lift includes that Aspen Street above Gilbert Street be restricted to those people who live in that area, no public access; par'king be limited on Aspen Street; for unloading and load- ing recommend that Gilbert Street be 'kept open for through traffic. Ski Corporation will provide the signs and enforcement through the busy season. Councilman Walls moved to accept the recommendation of the Planning and Zoning Commission for access-to the Number 1 lift. Seconded by Councilwoman Mar'kalunas. Ail in favor, motion carried. Council-r.equest City/County Planner Bartel notify t~he press for publicity prior to this ta'king place. Council Ms. Joan Lane reported she felt the Council salaries should be compensatory with the time Salaries put into the position. Perhaps ~$6,000 a year or similar to what the County-Commissioners are paid. Council agreed to ta'ke this under advisement at this time. Referendum Attorney Joseph Edwards representing the Petitioners Cormnittee was present. Planner Petition Barrel submitted maps of the streets under consideration and plan which were ba~ed on discussion with Mr. Edwards following the meeting held last Friday~ Mr. Barrel explained the major items in the plan include Hopkins not be included in the plan; Mill Street be ta~ken off of the one way system, angle parking on the south side Of Hyman between Monarch and Mill and on the North side between Galena and Hunter. Other streets that~ are wide enough par'king would-have to be changed from parallel to angle par'king. The two hour parking would have to be strictly enforced.- This interim plan~¢an be established as the first phase of the mall plan. Councilwoman Mar'kal~nas voiced her concern for the expenses of maintenance and' constructio~ Mr. Edwards pointed out the money saved on street cleaning, snow removal etc., could be spent for maintenance of the malls instead. Mr. Barrel-pointed out enforcement ~f the par'king will be a full time job. Mayor Homeyer suggested the City start the permit system at that time. City Attorney Daily pointed out the City will be requimed to follow the Public Mall Act~ of 1970 which sets out specifically what is required as relates to procedures for estab- lishing a malt~ Attorney Edwards pointed out all he is asking for at this time is a commitment from Council, he realizes the City must follow this:act which.requires public hearings, pass- age of a resolution, claims for damages~etc. Mr. Daily stated.the resolution could be ready by the next meeting. Mr. Edwards atated he needed a commitment that the Council will proceed to~follow the Act and construct a mall along the lines of the map submitted with a target date of the third week of June. The procedures of the act will have to be followed whether this were a temporary or per- manent mall. Councilman Walls moved the City go ahead as lay~d out on the plan and as proposed. Se- conded by Councilman Breasted. Councilwoman Mar'Ralunas moved to amend thee.motion that the City total expenme in~ effect- lng this mall plan wilt not ~mceed $20D0 exclusive of 1Rbor. ~Seoonded'by Councilman Nystrom. ~Roltcall.vote -~Councilmen Nystrom ~ye; Breasted nay; Griffin nay; Mar'kalunas aye; Walls nay; Mayor Homeyer nay. Motion not carried. Main Motion-- Roll call vote~- Councilmen~'Walls aye; Mar~kalunas nay; Griffin aye;. Breasted aye; Nystrom nay; Mayor Homeyer aye.. Motion carried~ Mr. Edwards stated the petition will be withdrawn. Two Hour Mayor Homeyer reported two requests have been received, one block on Hopkins be;tween Parking Hunter and Spring and on Hunter between Hyman and Cooper. Mr. Barrel explaim~d these ~wo areas~are outlined in the transportation plan to be in- cluded in the two hour ~ar~king zone. Councilman.Griffin moved to ex~end the two hour par'king to one block on Hopkins as out- lined. Seconded by Councilman Breasted.- Councilman Breasted--moved to ~mend~.the mo~o~ to%~inelude Hunter Street between Cooper and Hyman and publication be put in th~ newspaper~two~eeks in.advance of its affect. Se- conded by Councilman Griffin. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Mar'kalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Main.Motion - Roll call vete~r Counc~ilme~ Nys~rom:aye;~:Br~:ted .aye;~ Gri£fin aye; Marlka- lunas aye; Walls~aye; Mayor Homeyer aye. Motion carried. Mayor Homeyer stated due to the.weat~her-in:Aspen, Arho~r Day s.hould be established that Arbor Day fits the weather for this area. Councilman Walls moved:t.o.schedule~A.rbe~:Day ~or e:ar%y JuBe. SecondedbyCouncilman Nystrom. Ail in favor, motion carried. Correspondence had been meceiv~:~req~esting~to hold their tournament in 1973 on July 18th Lakes Golf and 19th. Club Councilman Griffin moved to~approve~the,L~dies G~lE~.Tournament in 19~7~3 on Iuly 18th and 19th and waive the green fees. for:the year-1973;ohly.~. Seconded by Councilman Nystrom. All in favor, motion carried. Councilwoman Markalunas moved.tq.:>e~ablish D:ee~embe~ 18th as-the second regular meeting of the City Council for December. Seconded by Councilman Griffin. All in favor, motion City C!erlk submitted thos~ that ~ere e~ompleCe and had ~no major~vio!ati0ns. ~ : Liquor License , Renewals Councilman Griffin moved to approve: menewal of the liquor lice~nses for the followmng:. EIks Club, Eagles C!~b, .Grog Shop,~Guido's, Glary Hole., Ke~ttle Corporation, Red Onion, Wienerstube, Aspen Drug, Tom's Market, MagBifieo Liquor, Mountain~Chalet, Grutter's~and Toro's. Seconded by Councilman W~alls. Roll c~l! vote- Councilmen Nystrom aye; Walls aye; Breasted aye; Griffin aye; Markalunas aye; Mayor Homeyer aye. Motion carried. City Cler'k reported Galena Street East according to, the building inspector's reports never obtained building permits for their signs. Council requested the City Cler'k not- ify them of this violation. Councilman Griffin request to put an item on the agenda which did not appear. Council agreed. The following resolution was submitted an4 re~a4 ~y~Dou.~cilman Grif.fin. RESOLUTION WHEREAS, the Skiing facilities in Aspen should be operated mindful of the public interest because Skiing is the principal economic factor in the maintenance and development of the City of Aspen; and WHEREAS, lack of communication has,resulted in:misunderstandings in..the pas:t, between officers and citizens of the City and operators of the skiing deve~lopment; and wHEREAS, it is of mutual interest of the City and the Skiing operators to communicate and cooperate in t~e development~of the area; and , ~ WHEREAS,~!!the Aspen S{kiing Corporation is a public corpora, tion which has no one represent- ing the city's interest on its Board of Directors; and WHEREAS, the Aspen Skiing Corporation's stoclk offering now pending indicates a change of ownership and a review of its relationship with the City of~Aspen; THEREFORE, be it ~esOlved that the City of Aspen respectfully requests that two members of the City Council ehosen.by~a majority: thereof be~nominated for election on the manage- ment slate to the Board of Directors of.the Aspen Skiing Corpora.tion with the said cor- poration using its best efforts to.elect said members a~ direc, tors. ~ Councilman Griffin moved to ~ad6pt the Resolution. Seconded by:Counci.!man Breasted· Ro~ call vote - Councilmen Nystrom aye; Breasted aye;Griffin aye; Mar'kalunas aye; Walls aye; Mayor Homeyer aye. MOtion carried. Mr. Veede~ stated Mr. Rea has ta'ken in an associate and ~ould lfke to change the present Dale Rea contracts to conform to the association. Contract Councilman Walls moved to approve the oontract subject to review by the City Attorney. Seconded by Councilman Griffin. All in favor, motion carried. Proposal submitted by the City Engineer and Wright McLoUghlin. Study would cost $7,000. Storm Councilman Griffin moved to give~ tena:ti~e approval to this~ study subject~to money avail- Drainage able for the s~udy. Seconded by Councilman Walls.. Ail in favor, motion carried. Proposal Regular Meeting : Aspen City Council November 27, 1972 Employee's Councilman Walls moved to authorize the employees to schedule a party. Seconded by Christmas Councilman Griffin. Ail in favor, motion carried. ~Party Mayor Homeyer reported the Fire Department Party~is scheduled for December 9th and re- quest to ~know how many of the Council would be attending. Councilman Nystrom moved to approve the Fire Department Party. Seconded by Councilman Breasted. All,in favor, motion carried. Councilman Walls moved to adjourn this meeting, to Wednesday at 5:00 p.m. to consider the remaining liquor renewals. Seconded by Councilman Griffin. All in favor, motion carried and meeting ended at 7:10 p.m. k__~frraine Grav~es~ City Clerk Adjourned Meetin~ Aspen City Council November 29~ 1972 Meeting reconvened at 5:05 p.m. with Mayor Eve HomeyDr, Councilmen Scott Nystrom, James Breasted, Ramona Markalunas and Jack Walls. Councilman Walls moved to approve the minutes prior to the last regular meeting. Seconded by Councilman Nystrom. Ail in favor, motion carried. Councilman Walls left the Council table due to conflict of' interest. Railroad Mr. Bartel reported the Planning and Zoning Commission recommends to the City Council that Property they negotiate for land at the end of Galena Street as shown on the Voorhees plan in size to accommodate 500 cars and consider structural parking. ActingCity Manager Veeder arrived. Mayor Homeyer suggested to Mr. Truman, who was present, that he construct the parking and the City le~se it from him..~ Mr. Truman stated he has had no communication from the City as relates to what they would like to discuss as relates to parking and the railroad property. Concur with Mr. Bartel as to the type of uses that should be established in this area and willing to cooperate in holding ground for the par'king and arts program. Now need feedback from the City as to what they would like to do. Mr. Bartel did explain to Mr. Truman what the City was considering for the railroad pro- perty as relates to ~Ga~ena. Mr. Truman stated that from his standpoint this was not a good idea, it would cut into the heart of his d~velopment and split it in two. Plan to have areheitectuzal drawings hy t~e middle.of December. If the.me, ming of cooporation means to the City giving up the heart of the project, feel that is going too far. Would not be adverse to leasing land to the City which would be less expensive to the City immed£atel, y. Mayor Homeyer stated that ultimately the parking will be at the airport and would hate to put a lot o~ money into structures. Mr. Truman as~ked what the timing would be. Mr. Bartel stated that it would depend on the revenues. The Transportation Plan says 1972 and 1973 which will not be able to follow since revenues from the sales tax will not be received until September, 1973. Mr. Truman stated to park on the surface to the west of Mill Street for 3 or 4 years would not cost the City much money and~Id.be willing to lease this land to the City. Have no immediate plans for this land. To put a parking structure at the end of Galena would be high and spoil the views of the development. Surface parking west of Mill Street could be done for 3 ~r 4 years and then go into structure p.arking or negotiate for consid- ering two levels of parking with the shuttle terminal on the top level. Mr. Truman stated he would be willing to leave an opening for extension of the shuttle service to the pa~king at the west side of Mill Street. Mr. Bob Sterling of Walls and Sterling stated~the thinking for the~e~lppm-e~t.~Of~th~s area is pedestrian oriented and an extension of the core area. This is why the parking at the end of Galena wouldn't fit in, with the project. 1382 Adjourned Meeting ~ : - Aspen City Council November 29,~ 1972 , Mr. Bartel stated the timing for surface par'king would probably be the fall of 1973 and perhaps could work this in with the closing of the streets planned for June. Mr. Truman stated he would have to have arrangements finalized in 3 -years for the land west of Mill Street. Mr. Barrel explained th~at if-the-shift.is being made from, the end .of Galena ~to the west, side of Mill, this should be reviewed by the Planni~.g~ ~and Zon,~ng Commission first.. ~ Mayor Homeyer request for Mr. Bartel and Mr. Truman to submit the .costs of the two al- ternatives. CounCil ~agreed "to mee,t .in s~udy session on Monday, December 4th with ~the Planning and Zoning Commission and Mr. Truman. '-~ ~ Councilman Jac'k Walls returned to Council table. Councilman Breasted moved to approve renewal of the following liquor licenses: Galena Liquor License Street East, Foc's'le, Uncle Willy's, La Cocina, Pantry Too, Ptarmigan Lodge, Mother Renewals Lode, Buffet Room, Steak Pit, Pinocchio's, Little Annie's, A1 Aban, Aspen Meadows, Paragon, Golden Barrel, GOlden-Horn, Ute City Banque, Aspen Alps Club, Crystal Palace, Crossroads Drug, Magic Pan, Public House, Hickory House, The Circuit, The Shaft, Chart House. Seconded by Councilman Nystrom. Mayor Homeyer stated she would not sign Uncle wil!y's License until such time as the sign comes down. Roll call vote - Councilman Nystrom aye; Ma'rkalunas aye; Walls aye; Mayor Homeyer aye. Motion carried. Mr. Kinkade stated they do not really serve meals, so this 'kitchen is always bad. Finance Danny's Department reported they are delinquent' on their utility bills. Mr. Marvin Eller, State Liquor Inspector, stated they are not in violation of not serv- ing meals, as they do have food on hand and could fix a meal if it is requested. Councilman Breasted moved Co approve this renewal subject to clearing up of the viola- tions. Seconded by Ccuncilman Nys.trom. All in favOr, motion Carried. City Cler'k stated she pulled this renewal based on the problem of the rear exit. Mr. Andre's Kinkade reported there is a problem with the garbage. Councilman Breasted moved to approve the renewal subject to clearance 'on the violatiohs. Seconded by Councilman Nystrom. All in favor, motion carried. Mr. Ki~fkade reported :since~ this is a retail outlet, the violations in the restaurant are Carl's not connected with the liquor part of the store. Pharmacy Councilman Breasted moved to approve the renewal. Seconded by Councilman Markalunas. Ail in favor, motion carried. Mr. Eller filed a complaint with the City based on violation of Section 75-2-4(15) and Hotel Jerome Regulation ~22 of the Colorado Liquor Code. Violations based on failure to serve meals. Stated on three diff, erent occassions Mr. Kinkade tried to obtain a meal at the Hotel and was told they did not~ serve meals.~ Mr. Solheim, manager of the bar and restaurant, stated there is food available~ and t~ave been serving meals, serve brea'kfast, lunch and dinner. Mr. Eller stated the management agreement with Mr. Solheim was signed on September 1, 1972 and on two different occassions talked to Mr. Solheim about this violation. Re- quest the Council schedule a hearing on this license. Council~ request the file be turned over to the City Attorney for review and procedure Council should follow. Mr. Kirfkade stated' they have the same problems all the time, their restaurant license Ja'ke's will be held up, Councilman Walls moved to approve this renewal subject to clearance on the violations. Seconded by Councilman Breasted. All in favor, motion carried. Violations had been cleaned up. Councilman Nystrom moved to approve renewal of this Aspen Inn license. Seconded by Councilman Walls. Ail in 'favor, motion carried. Club Pulled due to lateness on utility bills. Councilman Walls moved to approve renewal of Blue Moose the liCense pending payment of the utility bills. Seconded by Councilman~Breasted. Ail in favor, motion carried. t383 Adjourned Meeting Aspen City Council November 29, 1972 House of Pulled due to lac'k of permits for signs. Councilman Walls moved to approve renewal sub- Lum ject to obtaining sign permits. Seconded by Councilwoman Markalunas. Ail in favor, motion carried. Gallery Payment of utilities. Councilman Breasted moved to approve the renewal subject to pay- ment of utility bills. Seconded by Councilman Nystrom. Ail in favor, motion carried. Councilman Breasted moved to adjourn at 5:40 p.m., seconded by Councilman Walls. All in favor, meeting adjourned. k-----Lorraine Graves, City Clerk