Loading...
HomeMy WebLinkAboutminutes.council.19730827 Meeting was called to order by Mayor Stacy Standley at 4:05 p~m.'with Councilmen Jenifer Pedersen, James Breasted, Pete DeGregorio, Ramona Mar~kalunas, Jac'k Walls, Michael Behrendt City Attorney Sandra Stuller and City Manager.'Russ Campbell. Councilwoman Pedersen moved to approve the minutes of AugustL~3, 1973 as prepared and Minutes mailed by. the City Clerk. Seconded by Councilman Breasted. Ail in favo~motion carried. Citizen Mr. Pete Stone submitted petition to Council relating to the noise in the downtown area. Request Council amend present ordinance to meet State standards, request enforcement of Participation~ the speed limits, request all speed limits be reduced by five MPH. Mr. Campbell and Police Chief Ritchey reported to strictly enforce the noise ordinance, additional employees would be required~ptus~more sophisticated equipment. It was'reported the monitor has been used on Main Street, onevehicle alone does not go over the rating, ~it's when you have three trucks at the same time that the total noise level goes up. Have user the monitor in the downtown area - Mill and Galena, the noise registered between 70 and 76. The State standard referred to as 50 is only a suggested standard,~it is not the law. Mr. Bob Grange was present and stated' the Chamber unanimously supports the petition. Ms. Ann Gottlieb, resident at ~the Highlands questioned the City's construction - Maroon Creek - cutting of trees and to what extent water was to be taken out. City Manager to check into the extent of tree removal, City Engineer reported the City will be taking 25 cf from the stream. Assistant Planner Donna Baer reported thais is a final plat for Council consideration. Les Rocheuses This case is unusual as the subdivision was submitted prior to Ordinance #19, and the sub- Subdivision division is being submitted including a stracture on the land. Planning and Zoning Commission has approved the p~. The question is, when Council approves the plat they will be approving the structure on the land which will be loc'ked into the approval leaving no discretion to the Planning & Zoning Commission as relates to Ordinance ~19 and the density question. City Attorney Stuller reported the subdivision agreement can-.be modified to lock in requirements desired. Councilwoman Markalunas moved to table this subdivision and the agreemen~ until the next regular meeting. Secnnded by Councilman Behrendt. All in favor, motion carried. Mr. Ron McLaughlin and Kenneth Ash were present'to present to Council the 10 month study Drainage encompassing a 285 square mile drainage area. Study area. including on the east and north Report and/or the Roaring For'k River, on the west Maroon Creek and on the south the base of the mountain Study Representatives reported the study was done in connection with the development figures outlined in the Master Plan. 'The malls were taken into consideration as relates run-off from the mountain - channel thru the malls. See~report on file~for~eomplete details. Prior to Council meeting, City Council interviewed six applicants in executive session. Appointments Boards & Mayor Standley called for nominations for the one vacancy on the P & Z. Commissions Councilman Walls nominated Geri Vagneur, seconded by Councilwoman pedersen. Councilman Breasted nominated Fred Smith, seconded by Councilman Councilman Behrendt moved the nominations be closed, seconded by Councilman~Walls. Ali in favor, motion carried. Paper ballot results show Geri Vagneur appointed to the Planning and Zoning Commission to fulfill the term of Anthos Jordan. Councilwoman Mar'kalunas moved to reappoint~Don'Westerlind and David~ Finhplm to second terms on the Historic Preservation Commission. Seconded by Conncilman Behrendt. Ail in favor, motion, carried. Councilwoman Markalunas nominated Barbara McLoughlin to fill the vacmncy on the HPC, seconded by Councilman Behrendt. Councilman Breasted nominated Judy Ferrenberg, seconded by Councilwoman Pedersen. Councilman Walls moved to close the nominations, aeconded by Councilman Behrendt..Ail in favor, motion carried. Paper ballot results showed Judy Ferrenberg appointed to fill the vacancy of Pat Maddalone Council request from the bar owners some guidance as to control measures that could be Liquor instigated relating to disturbances in the downtown area. Attorney Ralph Brendes stated Policy the ordinance to be considered later in the meeting is too broad. Council pointed out the problems of disturbances originating in the bars, the disturbances spilling out into the streets, people being served after being intoxicated, noise, over-erowdedness, people bein served under age, etc. Suggestion was made by Mr. Werner Kuster of the Red Onion that a bond be considered perhaps in the realm of $5,000 for a new operation. Old operations should not be penalized. ~ ~ Operations changing hands'constantly are.not~ an asset to the community. City Attorney Stuller pointed out violations now come under the State Liquor Code which are filed with the District Attorney. In order.for the City to have control to. sus.~end, revo~ke, deny a license, must have a local ordinance. City Manager Campbell stated the noise etc. in the downtown is being caused by bad handling of bars. The proposed increase in the occupational tax is to compensate for the policing in these areas. The new Fire Marshall will'be checking out fire problems, i.e. over- crowding, exits, etc... The main ohj~ective of the proposed ordinance is to address the noise and rowdiness in'the downtown ares. Mr. David Topol of Little Annie's stated stricter controls and fines Should be livied against~the individual rather than~the barowner. Establishments do not want disturbances in their operation, cm~sing lo~s of business. Suggest.more foot patrolimg by Police Of- ficers in the mall area. Counczlman DeGregorlo stated he felt much of the problem is not nessarily bar owners or managers but the type of people who frequent certain bars. Discussed the problem of the past of the establishments record in the police department coming before Council as black mar'ks when the establishment called the police department for assistance. Chief Ritehey pointed out the police departmentlis asking for help from the bar owners and/ or managers that when they do call the police department, they sign,a complaint and be willing to testify so that convieitions can be made. Police officers having to sign the complaints. Manager Campbell stated the administration proposed tighter controls year around and not just inspections at renewal time. Owners of the'Cooper.St; Pier,.stated discussions have resulted among the bar owners of forming an association so that the bars can help each other. Manager CAmpbell stated the City cannot afford to handle the social problem in the down- town area with consta6~ patrol. Owner of Danny's stated he.did not feel the police officers know what.they are supposed to do when called. Sometimes ~if a person is stopped early in the evening, you save on problems.in the later evening hours. Suggestions made were: more lighting in the downtown area, more foot patrol, occasional checks in the bars. Mayor Standley pointed out bartenders rely on tips, and it is hard to cut someone off. Conncil request the association get together and~submit some recommendations to Council. Ramel's Deli & Attorney Marry Kahn stated he felt at the hearing the applicant outlined a case of need. Grill, Inc. City A torney STuller reported the question~of~the day,care school arc,the Catholic Church has be~n referred the State. City received one impression from the Ftate~and the ap- plicant received another. Awaiting for a written reply. Councilman DeGregorio moved the application be granted contingent upon a legal interpre- tation from the State that the establishment is not within 500' of a school.-S~conded by Councilman Breasted. Roll call vote~-~u~citmen-Pe~e~sen, nay; Breasted, aye;~DeGregario~ aye; Markalunas, nay; Walls,~nay; Behrendt, nay; Mayor Standley, nay. Motion NOT carried. Legal Advertis- City Manager Campbell~reported~a memorandum has been~=eceived~ ~h~s~ date, £rom the Aspen ing Today re~nesting~ithdrawal of their contract for the City!s legal advertising. Reason for withdrawal, unfeasible to continue. City staff members--pointed out..their~ dissatisfaction with the seravice provided by the Aspen Today. Councilman DeGregorio.meved.to-allow the Aspen-Today to withdraw their cont~ract condztzone upon reasonable terms with the Aspen Times. Seconded by Councilman Behrendt. Roll call vote - Councilmen Pedersen, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Walls, aye; Behrendt, aye;-Mayor Standtey, aye. Mention carried. Councilman'Breasted moved the City Manager begin negotiations with the Aspen Times. Se- conded by Councilwoman Pedersen. Roll call vote - Councilmen Pedersen, mye;.Breasted, aye; DeGregorio, aye; Markalunas, aye; Walls, aye; ~ehrendt, aye; Mayor Standley, aye. Motion carried · c.~ ~ ............ Manager Campbell stated the golf course is an acceptable site to the cormnittee and Par'ks Dog Training and Recreation Director. ~ t.. Sites Councilman DeGregorio moved~that the~City approve the~tempo=ary site as suggested~by the City Manager at the golf course. Seconded by Councilman Breasted. Councilwoman Mar~kalunas pointed out the area.should~be.elearly ~defined. ~ Roll call vote - Councilmen Breasted, aye; DeGregorio, aye; Pedersen, nay; Markalunas, nay; Behrendt, nmy; Mayor Standley,~nay. Motion.NOT carried.~ Manager submit.at the next' meeting a proposal as to the d~finite area and responsibility.. Antique Lights Manager~Campbell stated an anonymous individual: is willing to donate~98 antique lights to the City. Costs to the City would be the preparatiom and"transportation from California and new globes. Total cost estimated at $2400 for transportation and globes $7.00 each. Councilwoman Markatunas moved~t~City a~cep~the~donation~of antique~lights;. Seconded by Councilman Wails; ~ Roll call~vote:~- ¢oumeilmen;Behrendt, aye; Walls, aye;Markalunas, aye; DeGregorio, aye;. B~easted, aye; Pedersen, aye; Mayor Standley,~aye; Motion carried. Wheeler Opera House improvements~previ~ns~lycapprove~ City,Manager recormnend~fUnds be Revenue appropriated for extension of the~City shops~spac.e' desperately needed for storage.,~ Four Sharing options were shown to Council. Option #1 reco~ended by administration includes an additional 4256 sq~ free,cost estimatedrat ~$~i~0~per~square<~oot., additional.right-of-way required from the State Highway Department and variances from the City will berequmred.' Council.['~request the City Manager proceed along those lines. Manager Campbell.further reported the building will be so constructed as to be moved when another area becomes available.~ Council further request during~the~cons~truction, the present bUilding sUffer as little damage as possible due to iDs~historicaI~natnre.~ Councilwoman Pedersen moved the City proceed with the additional shop space as outlined. Seconded by Councilman Walls. Ail in favor, with the exception of Councilman Behrendt who voted nay.. Motion carried. .~ ~ Manager Campbell stated there would be $4,000 left in the revenue sharing budget. Councilman Brae.asked moved the remaining funds be spent on investigating the use of the third floor of City Hall. Seconded~by Councilwoma~n Mamkalunas. Ail inlfavor, ~otion carried. Mall Commission Requests - (1) Doctor Parking - The doctors on the~m~ll are~equest~ng par'king spaces in Rubey Park. Councilwoman Pedersen moved to designate one spa~e in Rubey~Park for each doctor located on the mall, Seconded by Councilman Breasted. Ail in favor, motion carried. (2) Musicians*~on the~Mall -. COuncilman Walls moved~!ithat musicians or any other performing artists must complete~their activities at 8:00'p.m; in the mall. Seconded by Councilman DeGregorio. Discussed extending the regBla~ion to all parks. Ail in favor witch the exception~of~C~ncilwoman~Mark~lun~S~ho ~oted nay~ ~MotiOn~carried, Councilman Walls moved an ordinance be~prepared covering all parks for 8:00 p~m,~, seconded by Councilwoman Markalunas. It was pointed out not all parks have the same type or amount of activity. Councilman Walls amended the motion~to pertain to Wagner Park only.at 8:00 p.m., seconded by Councilwoman Mar'kalunas. Ail in favor, motion carried. Shuttle Buses - City Manager reportedxthe buses~are carrying approximately 300~people per day. Representatives from ~San Juan Tours were present to discuss providing buses~and/or manage- ment contract. Stated they felt.~he%City woul'd'~need more than two buses as proposed.. Operating costs for larger buses will not be any greater than for smaller buses. Feel electric buses have not been on the mar'ket long enough:for t~esting. Gray Line has a factory in Colorado Springs'and~can build to City'specificati0ns.as to buses desired, Councilwoman Pedersen moved to request recommendations on cost, equipment and management proposal from Gray Line. Seconded by Councilwoman Ma~r~kalunas, Ail in favor, motion carri~ Co~m~ercial Developers, Legal Settlement - City Manager Campbell pointed out this suit relates to right~of-way at Original and Main; s~it originally $65,000, now offered $9200 which is acceptable. ~, ~ i.~ x~ ~ ~ ~ Councilman Walls moved to approve the~$9200~-expenditure to settle the Commercial De~ lawsuit. Seconded by Councilman DeGregorio. Roll call vote - Councilmen Pedersen aye; Breasted.aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. . .... Economist - Manager Campbell request authority to hire an economist, a new position, on the City Hall staff. Individual would be doing cost accounting, wor'k on grants etc. ~9~ilman Behrendt moved to establish the post of urban economist and City Manager negotiate ~ ~the proper person to fill this post. Seconded by Councilwoman Pedersen. Council request to review the salaryprior~to appaintment~ All in favor, motzon~.carrze o Ord~ #25 City Attorney - Ordinance #25, Series of 1973 - Councilman Walls moved to read Ordinance #25, 1973 on first reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE~25~ ~SERIES~O~1973~AN-ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, DATED APRIL 3, 1967, AS AMENDED, DESIGNATING THE PROPERTY KNOWN AS THE PITKIN COUNTY COURTHOUSE AS AN H, HISTORIC OVERLAY DISTPct. CT was read by title by the City Clerk Councilman Walls moved to adopt Ordinance #25, Series of 1973, seconded by Councilwoman Markalunas. Roll call vote - Councilme~Pedersen~aye; Breasted'aye; DeGregorio aye; Markalunas aye; Walls a~e; Behrendt aye; Mayor Standley aye; motion carried. Ord. ~2~ ORDINANCE ~26, SERIES OF 1973, City Attorney Stuller pointed out two amendments to the ord. as submitted. ~ouncilwoman Markalunas moved to read, as amended, -Ordinance ~26,~1973. Seconded by Councilman Walls. All in favor, except Councilman DeGregorio who voted nay. 'Motion carried. ORDINANCE #26, SERIES OF 1973, AN ORDINANCE AMENDING SECTION 4-~00F THEMUNICIPAL CODE INCREASING THE ANNUAL OCCMPATION TAX UPON THE SELLING OF 3.2% BEER, MALT, VINUOUS OR SPIRITUOUS LIQUORS INTHE CITY' OF ASPEN; AMENDING SECTION 13-2.3 OF THE MUNICIPAL CODE MAKIN IT UNLAWFUi TO POSSESS OR HAVE IN CONTROL ANY MALT, VINUOUS OR SPIRITUOUS LIQUORS UPON ANY STREET, ALLEY, SIDEWALK OR OTHER PUBLIC PROPERTY IN A CONTAINER WHICH IS NOT SEALED OR UPON WHICH THE SEAL IS BROKEN; AND AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 4-5 THERETO PROVIDING THAT ON THE OCCURRENCE OF CERTAIN PROHIBITED ACTIVITY ~ON ~ NEAR THE PREMISES OF A LICENSEE FOR SALE~ OF MALT, VINUOUS AND SPIRITUOUS LIQUORS, THAT THE LICEN MAY BE SUSPENDED, REVOKED OR A RENEWAL THEREOF DENIED was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #26, 1973 on first reading. Seconded by Councilman Pedersen. Roll call vote ~Councilmen Pedersan aye; Breasted aye; DeGregorio nay; Ma~lunas aye; Wmlls aye;~ Behrendt aye; Mayor Standley aye. M~tion carried. Ord. #27 ORDINANCE #27, SERIES OF 1973, Fire Marshall reported the code has been amended considerabl as shown by the adopting ordinance. The~cOde.~wilL~,not~ in~appearance,.change any buildings it pertains to safety only. Councilwoman Markalunas moved-to read Ordinance #27, 1973 on first reading. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. Councilman DeGregorio left Council Chambers. ORDINANCE #27, SERIES OF 1973, AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE 1973 EDITION; ~ AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR VIOLATIONS THE UNIFORM FIRE. CODE AND AMENDMENTS,~THERETO; REPEALING EXISTING SECTION OF- CHAPTER .9 OF THE ASPEN MUNICIPAL CODE; PROVIDING FOR THE APPOINTMENT OF A FIRE MARSHALL AND THE PLACE- MENT OF THE FIRE MARSHALL AS AN EX OFFICIO MEMBER OF THE BOARD OF APPEALS AND EXAMINERS; AND DECLARING THE PROVISIONS OF THIS ORDINANCE TO BE SEVERABLE was read by titl~ by the Ci,~y Clerk. Councilwoman Pedersen moved to.adopt Ordinance #27, 1973 on first reading. Seconded by Councilwoman Mar'kalunas. Roll call vote - Councilwoman pedersen aye; Breasted aye~ Marka- lunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. Councilman DeGregorio returned. Council Member Comments - Councilwoman Pedersen stated she had received complaints on the appearance of Ute Children' Park. Administration to chec'k out. Councilman Breasted requested Council consider setting an election to change the Charter relating to the date of the regular municipal election. Councilman Breasted moved the City Attorney draft an ordinance for a Charter amendment to change the election date to April. Seconded by Councilman DeGregorio. Rollcall vote - Councilmen Pedersen aye; Breasted aye~ DeGregorio aye; Mar'kalunas nay; Walls nay; Behrendt nay; Mayor Standley aye. Motion carried. Councilman DeGregorio moved the City Attorney draft a resolution changing the regular t' ' Council meetin~ to 5:00 p.m. and Council begin with the next regular meeting. Seconded by Councilwoman Pedersen. Ail in favor, with the exception of Councilman Walls, who voted nm Motion carried. Councilman Walls moved to adjourn at 9:45 p.m., seconded by Councilman Behrendt. ~All in favor, meeting adjourned. ~---Lorraine Graves., City ~1