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HomeMy WebLinkAboutminutes.council.19721211Regular Me~ti~--g Aspen City Council . December 11, '1972 Mayor Eve Homeyer called the meeting to order a5 4:00 p. m. with Councilmen Scott Nystrom James Breasted, Ross Griffin, Ramona Markalunas, Jack Walls and Francis Whitaker. City Attorney Arthur Daily and Acting City Manager Dennis Veeder were also present. Councilman Griffin moved to approve the minutes of November 27th and 29th, 1972. -Seconde, by Councilman Nystrom. All in favor, motion carried. Councilman Whitaker asked about item #124. Mr. Veeder stated that it was a tape deck and Accounts some tape, charged to the City ~or a leaging employee, which would be better charged to Payable the employees fund. Councilman Whitaker moved to approve the accounts payable with the correction of item ~124 less $58.88. Seconded by Councilman Breasted. Roll call vote - Councilmen Nystrom aye; Walls aye; Breasted aye; Griffin aye; Markalunas aye; Whitaker aye; Mayor Homeyer aye. All in favor, motion carried. Councilman Whitaker pointed out that there were two items missing from the agenda: the Lodging Association letter and the P & Z proposed Water Line Resolution. These items wilZ be on the next agenda. Mr. Gramiger offered his apolog~es for missing the last meeting when this was scheduled Peter Mocklin to be heard. City Attorney Daily pointed out that by the liquor code, this would have to Liquor be handled as a new application, rather than as a transfer, because the'business had not Transfer been in operation for the last 6 months. Mr. Gra~iger said that the bar had been in operation last year in March or April, and this was just a transfer of the license which was in existence. They had paid all the bills, so that there were no outstanding judge- ments against them. Mr. Mocklin explained the changes that are going on in the remodelin~ He is not changing the walls, just painting and relaying carpet. Mr. Kinkade could not inspect the premises because all the furniture was stored in the bar area. The facilitie are unusable at this time. The Building Inspector will have to inspect upon completion. Councilman Nystrom asked how soon the bar will be ready for inspection. Mr. Mocklin replied that they are working day and night on it to have it completed. It was the feeling of the Council that if they delayed in issuing this license a hardship would be caused for the new owner as they would not have the new license for January. It ~as.' decided to treat it as a transfer if the Building Inspector and Sanitarian find it satisfactory upon inspecting. Councilman Griffin moved to approve the transfer of this liquor license under, the approval of the Building Inspe~to~ &nd Sanitarian, subject to review before the end of the year. It if is not done, they don't get their license. Seconded by Councilwoman Markalunas~ Roll call vote - All in favor, motion carried. David Marsh Mr. Marsh presented the Council with an interim mass transit system plan (on file in Mass Transpol-City Clerk's office). He asked for an evaluation from th~ Council so they could get the ration necessary funding as soon as possible. They are on a very tight time schedule, for Proposal funding and GMC building the buses. Councilman Griffin said officially before we do anything as a body, this should, be referred to the Planner's office, the P & Z, the City Manager, and the City Attorney. It is an interesting proposal barring any objections-by these groups. Mr. Marsh said they need an expression of interest by the City Council, so'that they can draw up a formal proposal and contract. Would the City Council be interested in a proposal of this size? Councilman Whitaker said that he was interested, but he felt they needed something bigger than just buses. Mr. Marsh said they needed 60 days to work out the nuts and bolts and cost estimates-. They agree with the Voorhees plan. The City would not have to prowLde any funds until the first day of operation. The schedule for payments would be worked out on the quarterly basis; the off months being less expensive than the peak months. They have a constant expense of employees payroll. They are anxious to be in operation by November~of 1973. And they have to have the contracts by March of 1973. Councilman Nystrom felt that private enterprise is better equipped to handle this than the City. He felt that they should go through the groups mentioned by Councilman Griffin. Councilman Griffin felt they should go ahead with their 60 day study. Councilman Whitaker said they should use the services of the Planner and the Finance Department so that the Council can find cut about the cost. Councilman Breasted liked the idea of using existing technology. Mayor Homeyer asked if they had a background for this. Mr. Marsh said not in the bus system, but both of them were graduates of Columbia University in Government and Public Law. Councilman Whitak~r asked if they were going to the Pitkin County COm-- missioners. Mr. Marsh answered that they were but that the City was the obvious place to start because of their malls and off-street parking. Councilman Griffin moved that the City Council encourage the two gentlemen to go ahead with the 60 day study, offering the offices of the Finance Department and the Planners Department for any help they may need. Seconded by Councilman Breasted. Council requested that they contact the County Commissioners and get their participation on that section that involves them and report back to the City Council when the feasibility study is completed. All in favor, motion carried. Stock Trans- Dean Young~ representing John Brescian, showed the lease and purchase agreement. Mr. fer -Al Aban Brescian is moving to Aspen permanently and has not been in the restaurant business before. Attorney Daily stated the form was complete except an addendum should be added ~ that there is an outstanding security interest on the basis of this agreement and should be attached to the form. Councilman NMstrom moved to approve stock transfer subject to the City ~ttorney's approval. Councilman Breasted seconded the motion. All in favor, motion carriedo Planning & City/County Planner Bartel, said that on November 4, 1972 he met with the P & Z~ recommending Zoning offic~ ~1 that we proceed with preparation of this official street map showing the connection from Street Map Monarch over to Mill. The specific recommendation of the P & Z was to extend a~%treet connecting Monarch with Mill, with an intersection at that point where Galena and Mill intersect. This is an expansion of the work that the Council did on the agreement for Mt. Queen development. As an alternative.to the agreement that a loop street be provided around 700 Monarch Street using Snark as the conneciton. Planner Barrel was contacted by the Attorney for the purchaser of the land owned by Mr. Tom Daly% The only way to do it is to authorize the preparation of the official map. Planner Barrel said this would give us the ~ignment and the row width, so that we could sit down with the potential purchaser. The City may wish to adopt the map officially~ and that would mean that you could not build on rights-of-way if they are placed on the official street map. Councilwoman Markalunas moved to authorize the Planning Commission to draw up the official map showing the 700 Monarch Street loop, connecting Monarch Street with Mill Street; the Galena Street junction; and to include the Colorado Midland right-of-way. Seconded by Councilman Whitaker. All in favor, motion carried. RESOLUTION Councilman Walls moved to read Resolution ~25, Series of 1972. Seconded by Councilman #25, SERIES Whitaker. All in favor, motion carried. OF 1972 RESOLUTION NO. 25, SERIES OF 1972. WHEREAS, Aspen Ski Lift No. 1, located on Aspen Street at the base of Aspen Mountain, operated as the "longest ski lift in the world" from December 14, 1946 until April 11, 1971 and is now owned by the City of Aspen, and WHEREAS, ~hei~spen Historical Society has placed a plaqu~ recording the historic signi- fication of Aspen Ski Lift No. 1 and WHEREAS, it is deemed in the public interest to inform residents and visitors of the City's historical heritage, and WHEREAS, the Aspen Planning and Zoning Commission has recommended this commemoration, NOW THEREFORE BE IT RESOLVED, that the Aspen City Council does hereby observe the com- memoration of Aspen Ski Lift No. l~for its historic importance and commends the placemen~ of the aforementioned plaque by the Aspen Historical Society. Councilman Walls moved to adopt this resolution~ Seconded by Councilman Whitaker. All in favor, motion carried. ' City/County Planner Bartel requested that this application be tabled. The applicant has Rezoning additional information that they feel the Planning Commission should know. Hotel Jerome Mayor Homeyer asked if there were any objections. There were no objections. ~ Mr. Gilmore questioned when they would be able to come back for the presentation. Council said approximately the middle of January and asked that the mem-bers of the P & Z be present, Mr. Gilmore asked for a study session with the Council and P & Z and for a publi hearing, Herb Bartel felt that the Council should formally accept new information When the hearing is held, and not the P & Z. The important point is that the information is presented at public hearing. Attorney Daily said that it should be republished to allow the public to become aware l Councilman Whitaker moved that they set a public hearing for the rezoning request of the Ho~el Jerome on January 8, 1973. Seconded by Councilman Breasted. All in favor, motion carried. Assistant Planner Fred Wooden presented a map of Ute Cemetery. A request was heard by Ute Cemetery the City Council in September to rezone Ute Cemetery from AR-1 to P-Park. A public REzoning hearing was held by the P & Z on October 17, 1972 and the request was approved. This is a recommendation to amend the master plan. There will be no allowable density, no developing of any sort, This is the tightest zoning that we h~e. Councilman Griffin moved to change the zoning of Ute Cemetery from AR-1 to P-Park. Seconded~by Councilman Whitaker. Ail in favor, Motion carried. The Park AS~sociation initiated the application for Freddie Fisher Park which is presently Freddie Fisher zoned R-6. October 16, 1972 there was a public hearing by the P & Z and the recommendatio Rezoning was made that it be changed to P-~ark, with the additional suggestion that the City main- tain the Park after initial landscaping was completed. ~This is becasue the Park Associa- tion doesn't have a park maintenance branch. Mr. Bishop felt that cross country skiing in town is the same as bicycling in town and Cross Country that both can comply with traffic regulations. The purpose of Aspen is skiing, and not Skiing in City allowing skiing within City limitS seems silly. Mayor Homeyer said it is a matter of Limits - Bob safety. Mr. BishoP felt that skis were safer than the auto and that cross country §kiing Bishop should be encouraged to help eliminate the use of the automobile. Mayor Homeyer said that when the malls are completed this idea would work fine. Sergeant Wall of the Police Department, an avid cross country skier, said there is a definite problem on the street crossings. Councilman Whitaker suggested perhaps the skiing could be limited to certain areas. Councilman Breasted asked that the Police Department and the Planners Office ' work on this with Mr. Bishop. They could also contact Lars Larson and Bill Ward, both of whom~have done work concerning this. ~ Councilman Breasted moved that a recommendation be prepared by the Police Department and Planning Department and brought back to Council for approval. Seconded by Councilma~ Nystromo All in favor, motion carried. ~a~fHomeyer asked for bids in conjunction with the County. Councilman Breasted moved Bids for to advertise for bids for legal advertising at the same time as the County. Seconded by Legal Adver- Scott Nystrom. All in favor, motion carried, tising Formal notice of hearing has been served~ on the Hotel Jerome. The attorney representing Hotel Jerome the Hotel Jerome suggested that the Council consider entering into a stipulated consent Liquor Vio- or official reprimand. Thus the Hotel Jerome would admit its violations and any further lakions violations would be dealt with severely. Marvin Eller had been called and he said if the Council approved this approach he had no objections. Lamont Kinkade expressed similar feelings. Five members of Council were previously polled and gave their unof- ficial consent to the above. The consent form was drafted for the official reprimand. Councilman Walls moved to read into the minutes the Consent. Seconded by CoUncilman Whitaker. Motion carried. CONSENT TO OFFICIAL REPRIMAND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, on December 7, 1972 Mr. John F. Gilmore was served with notice of hearing and order to show cause why his Colorado Liquor License No. G04-18085 for the Hotel Jerome, Aspen, Colorado should not be suspended or revoked, for violation of Liquor License Regulations Nos. 22(b) and (d), at a hearing before the Liquor Licensing Authority of the City of Aspen s~heduled for December 11, 1972; and WHEREAS, the Aspen Liquor Licensing A~thority, and the said John F. Gilmore by and through his management agent Michael Solheim, have agreed to enter into a stipulation in-connectio~ with the aforesaid violations in lieu of holding the scheduled suspension and revocation hearing. NOW~ THEREFOP~E, in consideration of the premises, the parties hereto hereby agree as follows: ~ 1. John F. Gilmore by and ~hrough his management agent Michael Solheim hereby concedes and admits that the Hotel Jerome did violate Liquor Regulation No. 22 (b) in that on several occasions in recent months hot meals were not available upon r~quest in the Hotel Jerome Bar and/or the BiPlane Bar, and did further violate Liquor Regulation No. 22(d) in that on November 26, 1972 and on several earlier occasions the Hotel Jerome kitchen area was not in compliance with the sanitary requirements of the Colorado Department of Health. 2. The Li~uor~Licensing Authority of the City of Aspen hereby formally and officially reprimands the said John F. Gilmore for the above-described violations, and places him on strict notice that any future violations of the liquor laws, rules or regulations of the State of Colorado witl~be severely and summarily dealt with by said Liquor Licensing Authority or by the~appropriate State authorities. 3. John F. Gilmore hereby accepts and acknowledges the foregoing reprimand and warning and agrees to make every effort to ensure that no further violations occur on the sub- ject premises. Councilman Breasted moved to ratify the action of the poll of the Council previous to the meeting. Seconded by Councilman Walls. Roll call vote - Ail in favor, motion carried. Hotel Jerome Sanitarian Kinkade reported that sanitary conditions were considerably improved. A show Liquor cause was served upon them on December 7, 1972. The problem is still with the garbage License and paint peeling over the food preparation area, and mice ~n the basement. Mr. Kinkade Renewal requested the~Building Inspector to ~ountersign the inspection to verify that~the v~o- lations were recorded. Mr. Gilmore will get a copy of it tonight and we will go ~er it. A copy will go to the State. Mr. Gilmore said they fully intended to cooperate, and if they were wrong they will try to correct. Councilman Walls moved to approve the renewal of the Hotel Jerome Liquor License pending a clear report from the Sanitarian. Seconded by Councilman Griffin. All in favor, motion carried. 3im McDade Attorney Oates was present representing the Protection Systems Inc. They are requesting Alley Cut a street cut to install the conduit and ~able for telephone lines, located in the alley between ~yman and Hopkins. The cut would be approximately 4" wide and 6" to 12'~ deep. Councilman Whitaker ~oved to approve an alley cut. They are responsible for settlement to fill with gravel and maintain properly. Seconded by .Councilman Nyetrom. All in favor, motion carried. There is the problem of the 50 pair of cables which were to be for the Police Department. Chief Ritche~ said that he was not aware that 50 pair of cables were coming into City Hall, and he didn't want them. Attorney Oates stated that Protection Systems Inc. wanted those cables but needed the City Council to authorize the City Manager to contact the Telephone Company or the Police Department to permit the 50 pair of cables presently scheduled for City Hall to be placed in the Patio-Building. Councilman Walls moved to let Dennis Veeder clear this up. Councilwoman Markalunas seconded the motion, All in favor, motion carried. ~-~Bill Beyer Mr. Beyer requested the plumber to put in a water meter in his house. He was told that Flat Rate there are no installations of water meters for family residences. Mr. Beyer felt that his Charges water bill is high, because there are only two people living in the house, and they don't irrigate in the summer, yet his water bill is $19.50 per month. A comparison of bills showed an average of $8.00 and up a month. Acting city Manager Veeder said that the City is receiving many requests for water meters. The problem is installation of the meters; where to put them and accessibility to them. Duplex and smaller units are on a flat rate, but larger units are on water meters. Councilman Breasted moved for a recommendation from the Water Department and the City Manager concerning inequities in the water~ rates. Seconded by Councilman Nystrom. All in favor, motion carried. Councilwoman Markalunas requested the report in 30 days. School The Chief of Police has been instructed to contact the Superintendent of Schools con- Crossing cerning the problem of the children crossing east and west of the signal. There has to be coordination between the Police and the school to help the children understand the importance of crossing at the light. Councilman Breasted reported that he has received many calls asking why there is never a policeman there to help the children cross. Councilwoman Markalunas suggested that a policeman go to school and idscuss with each class the safety of corssing with the light, and in corsswalks. Mayor Homeyer also suggested that the Castle Creek Bridge be kept plowed so that the children can walk on the sidewalks. We need more cooperation between the State and oun highway department in keeping the sidewalks open. Supplemental Acting City MAnager Veeder reported that he will report on additional appropriations at t~ Appropriatio~ next regular meeting. Jim Reset Silve~ King Associates requested that the City accept this project. They have verified Hospital with the Engineering Department and all is done as asked. Councilman Griffin moved to Bridge accept the Hospital Bridge pro~ect, and to send. them a follow up letter. Seconded by Councilman Nystrom, All in favor, motion carried. Councilman Breasted abstained.due to a conflict of interest. A study session was set for Wednesday at 5:00 p. m., December L3th 6n the Trueman Property 1973 Budge~ Acting City Manager Veeder reported that changes ha~e been made since the last review. He estimated that the City will reoeive $29,000 in the Federal Government Revenue Sharing Program. Some funds have been reappropriated from the pool. E~ectricity revenues from the 1971 audit are short. The anticipated water fund revenues and sales were high and the figures have been red~ced to be more realistic. Councilman Walls moved to read Resolution #26, Series of 1972. Seconded by Councilman Whitaker. All in favor, motion carried RESOLUTION NO. 26, SERIES OF 1972 RESOLUTION NO. 26 WHEREAS, the City MAnager, designated by Charter to prepare the budget, has prepared and SERIES OF submitted to the Mayor and City Council the Annual Budget for the City Of Aspen, Colorado 1972 for the fiscal year beginning January 1, 1973 and ending December 31, 1973~ AND WHEREAS, the budget as submitted sets forth the following estimated fiscal data inclu ing anticipated revenues and approprIations for the year 1973~The aggregate appropriation requirements to be divided as follows: G~neral Fund 1,505,170 Debt Service Fund a~ '1~38 Bond an~ Interest 2,040 b. 1970 Bond and Interest 38,158 c. 1972 Bond and Interest 290,030 Electric Fund 697,587 Water Fund 503,825 James E. Moore Po~l 33,770 Golf Course 47,400 Iselin Concession Stand 7,200 .Special Assessments Fund a. Improvement District ~1 14~295 b. Improvement District ~66-1 23~825 c. Improvement District ~67-1 26,272 Police Pension 6,505 Employee Retirement Fund 36,259 L~p~.Acq~isition & Open Space Fund 409,000 R~enue Sharin9 Fu~d 32,000 GRAND TOTAL 3,673,336 (Indl~d~d in the above appropriations are Interfund transfers amounting to $758~219.) AND WHEREAS, the assessed valuation of taxable property for the year 1972 in the City of Aspen, returned by the County AssesSor of Pitkin County, Colorado is the sum~' of $25,625,480; AND WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City of Aspen is three and six-tenths (3.6) mills; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado: That the budget for the City of Aspen, as submitted, is hereby adopted; that the estimated budget appropriations requirements of $3,673,336.00 is declared to be the amount of revenue necessary to be raised by tax levy and income from all other sources, including surplus at the beginning of the year; to pay the expenses and certain indebted- ness of the City, including interest upon the indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning January 1, 1973 and ending December 31, 1973. BE IT FURTHER RESOLVED that for the purposes of degraying the expenses of the City of Aspen, Colorado during the fiscal year beginning January~-l, 1973, and ending December 31, 1973, there is hereby levied a tax of three and six-tenths (3.6) mills on each dollar of the assessed valuation of the ~axable property in the City of Aspen, Colorado for the purpose of raising the sum of $92,251.00, which together with the surplus and revenue fro~ all other sources, is estimated to meet budge~ expenditure ~requlrements and provide reason able closing surplus for the said fiscal year. BE IT FURTHER RESOLVED ~at this Resolution No. 26, Series of 1972, shall effectively cancel, replace and supercede in its entire~y that certain Resolution No. 20, Series of 1972 adopted October 17, 1972. Councilman Walls moved to approve Resolution ~26, Series of 1972. S~conded by Council- woman Markalunas. Roll call vote - all in favor, motion carried. Mayor Homeyer was concerned about the accuracy of the legal description. The closing is Ordinance on the 18th of Deceraber and if we have a certified survey, all the conditions will have ~21, Series been met. of 1972 Councilman Walls moved to read by title only Ordinance ~21. Councilman Whitaker seconded the motion. ORDINANCE NO. 21, SERIES OF 1972 AN ORDINANCE AUTHORIZING THE ISSUANCE OF REFUNDING AND KGG/~EGATE PRINCIPAL AMOUNT OF $4,675,000~ FOR THE~"PURPO~ES OF REFUNDI~ VALID AND OUT ' STAND~N~ SA~ES' '~AX REVkNUE BONDs 6F SAID' CITY A~D kCQUIRING CERTAIN' ~EAL PROPERTY COMMONLY KNOWN' AS THE "~OM~ PROP~kTY~', AND ANY IMPROVEMENTS SITUATEE THEREON: PRESCRIBING THE FORM OF SAID BONDS AND IN~kREST COUPONS: PROVi~iNG FoR' TH~ PAYMENT OF'"%HE PRIN.CIPAL OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF' THE ONE PER CENT MUN~ICIPAL SALES T~X 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 F~NDS AND ACCOUNTS: AND DECLApING AN EMERGENCY was read by the Recording ~ecreta~y. ' I3 3 Regular Meeting Aspen City Council December 11, 1972 Councilman Whitaker moved to adopt Ordinance ~21, Series of 1972. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Breasted aye; Griffin aye; Markalunas aye; Walls aye; Whitak~r aye; Mayor Homeyer ayel Motion carried. O'Block City Attorney Daily reported that Matt O'Block has a quiet titie action in District Court. Quiet Title This has been reviewed by Attorney Kern and City Engineer Gilkey and it was found tha~ there i~s one..Piece Within our boundary, which falls within the old right-of-way of the Wagon Road. The city has restrictive rights and Mr. O'Block has agreed to convey that piece of land to the City prior to the entry of the decree of the quiet title. A stipulation was prepared and also a fully executed deed to the City from Matt O'Blocko The stipulation needs the signature of the Mayor, and the sale as signed by Mr. O'Block also needs to be accepted. This should be done before court on Wednesday. Councilman Walls moved to sign t~eSe after verification by Acting City Manager Veeder with Attorney Kern. Seconded by Councilman Griffin. Roll call vote - All in favor, motion carried. Design City/County Planner Bartel said that the design students from Boulder were coming to Aspen Students next Sunday. He and Fred Wooden are furnishing lodging. Could the Council approve funds for food and transportation? Councilman Griffin moved to pay for the food and transportation of the design students. Seconded by Councilman Breasted. All in favor, motion carried. The Council went into executive session, Councilman Nystrom moved to adjourn at 8:00 p. m. Seconded by Councilman Whitaker. All in favor, meeting adjourned. ren Dreager, Re¢o~ing Secretary