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HomeMy WebLinkAboutminutes.council.19731112 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 127 1973 Meeting was called .to order by Mayor Stacy Standley at 5:10 p.m, with Council members Mlchael Behrendt, Jack Walls, Ramona Markalunas, Pete DeGregorio, James Bmeasted, and Jenifer Pedersen. Also present City Attorney Sandra Stuller, acting City Manager Phil Mahoney, and City/County Planner Herb Barrel. Councilman Behrendt Made a motion to correct the minutes of October 29th, 1973, as fol- ~ow~: Page 2, Paragraph-7 (Encroachment Requests)~ "Roll call vote - Behrendt, aye; Pedersen, aye; Walls, nay; DeGregorio, nay; Breasted, nay; Markalunas, nay; Mayor Standley, nay. Motion NOT carried". Motion to correct the minutes seoonded by Breasted. all in favor, motion~carried. Councilman Breasted made a motion to approve the minutes of October 29th as corrected, November 1st and November 5th, seconded by Councilwoman Pedersen. Ail in favor, motion carried. ACCOUNTS PAYABLE ACCOUNTS PAYABLE, Councilman Beh~ndt m~de a motion to approve the~accounts payable as submitt.ed, seconded by Councilman Walls. Ail in favor, motion carried. CITIZEN PARTICTPATION CITIZEN ParticiP- Fred Smith reminded the Council that he had .submitted photographs of the dumpsters on ation Durant Street and stated that at this point, no action has been taken to rectify the situation. Questioned what Council action on this problem would be. Councilman Breasted made a motion to have the City Manager look into the enforcement of the Ordinance re~ardin5 the placement of trash coqt.a.i.qers on City streets. ~Seconded by Councilwoman Pedersen. All in favor, motion carried. Pete Stone was present and stated that he had been made aware of comments from guests concerning the noise and disturbances ~h that area. Suggest more police officers for mall area and request the City. enforce the noise ordin, ance .... Mayor Standley pointed out that the Chief of Police had hired more officers and had de- ~rmined that the position for meter maid was not necessary, consequently the City had one less meter maid. Stone stated that he felt the City required more officers on patrol in the mall area. Further expressed his concern with automobiles driving throught the mall. Councilman Breasted made.a motion to have the City Manager and the Chief of Police look into better alternatives for keeping automobiles out of the mall~ seconded by Council- woman Markalunas. Ail in favor, motion carried. Councilman Breasted made a motion to have the City Manager investigate the possibility of a semi-permanent barrier at the entrance of the malls, seconded by Councilman Beh- rendt, all in favor, motion carried. Councilman DeGregor$o stated that he did not feel the need for additional enforcement on the mall area~ Bill Dunaway suggest that trucks take the alley through Wagner Park. City/County Planne~ Herb Barrel explained that there were two reasons for not 'directing trucks through this alley: (1) concern With changes ~0 the park; (2) the ~l~ley is not an all-weather alley. Ralph Brendiss suggest putting a chain in the middle of the mall rather than at either end to discourage traffic through the mall. Councilman Walls questioned Bartel on why the Planning Department was working with a planner from San Francisco rather than local architects. · Barrel stated that the concern was to start as quickly as possible, and would rather work with a planner at this stage than a builder. Stated it was better to work with this particular planner since they had worked together before. Councilman Breasted made a motion to request, the Planning Office prepare a site plan for the Railroad Property, and to l~ave the decision of who to hire up to the Planning Office, seconded by Pedersen. Ail in favor, ~th the exceptions of Jack Walls and Michael Behrendt. Motion carried. PUBLIC HEARING - HYMAN STREET DELI PUBLIC HEARINml Mayor Standley opened the public hearing on the application for a beer and wine license HYMAN STREETi for the Hyman Street Deli. Mayor Standley stated that there had been no previou~ application within the last two years., the applicant had the right to possession of the premises. The distance of the applicant's outlet was over 500 ft.~ from a school,~d that there were 6 of the same type of liquor ~utlets within the neighborhood. RalPh Brendiss, Attorney representing Laucks & Bagels, was present and explained that the Deli was located at 420 E. Hyman. Stated it was the oldest Deli in Aspen, had reasonable prices, quick service, and that it had expanded the space. Brendiss further pointed out that of the 1,385 signatures on the petition, over 1,000 of the signatures were locals.~ Stated that the needs of this neighborhood are not being met. Stated that of the six similar outlets, four were closed during the off-season, and that-two did not serve lunch. Further stated that none of the six were in that price range. Paul Ryan, construction worker from Old Snowmass, and Jay ~ayne, from the Chamber of Cmm- merce, both voiced their support for the application. -~Bren~iss explained that the hours of operation would be from 10 a.m. 10 ~M~i@h[Monday ~h~h~day~m~.10 A.m. 12 midnight on Friday thru Sunday. Mayor Standley closed the public hearing. Councilwoman Pedersen made a motion .to approve the application for a beer and wine license seconded by James Breasted. Roll 'call vote - Councilmen Breasted, aye; Pedersen, aye; DeGregorio, aye; Walls, aye; Markalunas aye; Behrendt, aye; Mayor Standley, aye. Motion carried. LIQUOR LICENSE LIQUOR LICENSE RENEWALS RENEWALS Memorandum was submitted from William Caille stati6§ that he had no negative comments at this time. Memorandum was also submitted by Lorraine Graves, City Clerk, stating that all of the outlets under consideration in this meeting have business licenses with the exception of the Circuit and the Magic Pan. Further stated that all renewals are current on utility payments. La Cocina Councilwoman Pedersen made a motion to approve the liquor license r'enewal for LaCocina seconded by Councilman Breasted. Ail ~n favor, .motion-'carried. Ute City Bank Councilwoman Markalunas m~de a motion to approve the liquor license renewal for the Ute City Bank, seconded~by Councilwoman Pedersen. Ail in. favor, motioncarried~ Golden Barrel Councilman Walls made a motion to approve the liquor license renewal for the Golden Barrel seconded by Councilwoman Markalunas. Ail in favor, motion carried. Uncle Willy' Councilman DeGregorio made a motion to approve the liquor licnese renewal for Uncle Willy'~ 'Spirit House Spirit House, seconded by~Counetlwoman'Markatunas. Ail in favor, motion carried. ~Ma~i'fico's CouncilwomanPedersen made a motion to ~prove the liquor license renewal for Magnifico's Liquor Liquor, seconded by Councilman~Behrendt. All in.favor, motion carrY. Grog Shop Councilman DeGregorio made a motion to approve the liquor license renewal for the Grog Shop, seconded by Councilwoman pedersen. Ail in favor, motion carried. The Circuit Council did not act on the liquor license renewal for the circuit due to the fact that they had no business license. Red Onion~ Councilwoman Pedersen made a motion to approve the liquor licRmme renewal for the Red Onion, seconded by Councilwoman Markalunas. Ail in favor, motion carrY. ELK'S LODGE Councilman DeGregorio stated he would like to find out if the Elk's had changed their ns~ional charter to allow minoritygroups. Curt Baar was present and stated that the national charter had been changed. CounCilman Behrendt made a motion to approve the liquor licnese~renewal for the Elk's Lodge, seconded by Councilwoman Markalunas. Ail in favor, motion carried. CrossrOads Councilwoman Pedersen made a motion to approve the liquor~license renewal for Crossroads Druss Drugs, seconded by Councilman.DeGregorio.~ Ail in favor,'motion carried. Aspen Inn Club, Attorney Nick McGrath was present and stated that all the necessary~material had been Inc.~ filed with the City Clerk, including the financial statement,.police check and letters Stock Transfer of reference. Attorney Nick McGrath Was pmesent and-stated that~all the~necessary material had been filed with the City Clerk, including the financial statement, p~tlce check and letters of reference. ~. - Councilman DeGregorio questioned if the Inn would be providing the same type of entertain- ment, and McGrath stated that it would. City Attorney Sandra Stuller questioned McGrath on why they had not gone through~the pro- cess of purchase and sale. McGrath stated that they could either buy assets or stock, and for ~arious reasons had decided to purchase stock. Stated that~since technically the corporation would be con- tinued, would be a stock transfer. Stuller stated that she would like to see the Council imi~ia~e a pSticy of similar tran- sactions going through purchase and sale process, partially due to the increased fee the city would obtain. Councilman DeGregorio made a motion to approve the stock.transfer, adding the extra $200 to the fee, seconded by Councilwoman Pedersen, Ail in favor, motion carried~ Council consensus was to table consideration on the stock transfer for Pinocchio's since Pinocchio's no one was present to represnet them. Stock Trans- fer Councilman DeGregorio made a motion to table consideration of the Chart-House EncroaChment, seconded by Councilwoman Pedersen. Councilman Breasted pointed out that they were required to have an occupancy permit, and have been operating without one. Fred Smith, Board of Adjustment member, was present and stated that when the case had come before the Board, the variance had been granted, but that under no circumstances was the addition to encroach. Councilwoman Markalunas stated that she felt tablingthe cnmsideration would be sanction- ing the operation. Councilmam~Behremdt questioned if tabling would allow the Council to close th~ front door of the Chart House. Stuller stated that this would be a protest of record. Motion to table, roll call vote - Pedersen, aye; Breasted, aye; DeGregorio, aye; Mark- alunas, nay; Walls, aye; Behrendt~ aye; Mayor Standley, aye.' Motion carried. PUBLIC HEARINGS, SECOND READINGS. PUBLIC HEARINGS Ordinance #29, Series of 1973 - Mayor Standley opened the public hearing. Councilman DeGregorio made a motion to read Ordinance #29, Series of i973.on second read lng, seconded by Councilwoman Pedersen. Ail in favor, motion carrJmd. ORDINANCE #29, SERIES OF 1973, "ORDINANCE REQUIRING~CONTROL OF EMISSIONS FROM RESTAURANT ORDINANCE #29 GRILLS BY INCINERATION OR CONDENSING WITH.METHODS APPROVED 'BY THE COUNTY AIR POLLUTION AUTHORITY", was read by title by~ithe Deputy City Clerk. Don Kirkland, from the Health and Sanitation Department, was present and stated thathe was proposing an alternate ordinance. Stated that the ordinance submitted by the City Attorney had no provisions as'to what type of control mechanisms would be implemented and set no minimum.or maximum standards, s~ated standards would be set up by the State Health Department. Kirkland stated that his proposal incorporates a means for control, and that he should have a report and studies of equipment back shortly. Councilman Walls stated that he felt that approving a state.study in advance was question. able. City Attorney Stuller stated that the administratiOn felt the ordinance ~as premature at this point. Councilman Walls stated he would like to forestall final action'until a report was rec- eived from an engineer establishing guidelines. Councilman DeGregorio stated that he felt the criterial for establishing standards would be evolving and perhaps they could be added to the.ordinance at a later date. Councilman Breasted stated he would be against am ordinmnce this vague. Kirkland stated that the results of the State stddy would reach him in qpprOximately three weeks. Mayor Standley closed the pubt~c hearing. Councilman Breasted made a motion to table consideration of Ordinance #29 Series of 1973, ~econded by Councilwoman Pedersen, Ail in favor, motion carried. ORDINAN~ #30 ORDINANCE #30~ SERIES OF 1~7~ - Mayor Standley opened the pubt~c hearing. Councilman Breasted made a motion to read Ordinance #30, Series of 1973, on second read- ing, seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #30, SERIES OF ~973, "AN ORDINANCEAMENDING CHAPTER I90F THE MUNICIPAL CODE OF ASPEN BY THE ADDITION DF ASPEN BY THE ADDITION OF ARTICLE VII THERETO SETTING FORTH CRITERIA FOR THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS WITHIN THE CITY OF ASPEN; AND ESTABLISHING A MROCEDUREFOR CONSTRUCTION.AND RECONSTRUCTING PRRTIONS OFSIDEWALKS BY ASSESSING THE COST THEREOF TO THE PROPERTIES SPECIALLY~BENiFiTED THEREBY" was read by title by the Deputy City Clerk. CitY Attorney S'tuller stated that there was an amendment on Page 3, paragraph (a) delet- ing public st'reets~ Mayor Standley closed the public hearing on Ordinance #30, Series of 1973. Councilman Behrendt made a motion t0 adopt OrdinanCe ~30, Series Of 1973, seconded by Councilwoman Markalunas. Roll call vote - Councilmen Breasted~ aye; Pedersen, aye; De- Gregorio, aye~ Markalunas, aye; Walls, aye; Behrendt, aye;~ Mayor Standley, aye. Ail in favor, motion carried. BU~ IN~ BUS lNG Councilwoman pedersen stated tkey wished to recon§ider the alternatives of school bus vs. San 3uan proposal. Recommending pursuing the San 3uan proposal of 2 buses which would be appropriately painted. Stated that the cost would be $1.15/mile. Stated that with the use of these buses, would increase the City's capacity f~r transportation. Councilwoman Pedersen estimated that the cost of ru~i~g.the buses would average $7,000/!~ month. Councilman Breasted stated that he aggeed with Councilwoman Pedersen. Mayor Standley stated that at this time, Council had not received a per mile cost estimate for the RecreationDepartment buses, Would like to receive some information in this area. Councilman Behrendt stated that this is~ just an interim system, but was impressed with th offer to provide a back-up bus. Councilman DeGregorio stated that if the City would save money by using the buses from the ReCreation Department, would rather do that. Jim Adams, representative of the Aspen Ski Corp and also Chairman of the Planning and Zon- ing Cormmission, stated that he felt the San Juan Buses were more appropriate: 1.) Larger; 2.) San Juan promised a back-up bus; 3.) promised upkeep of buses. Councilwoman Pedersenstated that the buses Would be equiped With ski racks. Councilman Behrendt made a motion to accept the offer from San Juan tours proposal on open-end contract, seconded by Councilman Breasted. All in favor~ motion carried. i~?nergy ENERG-~' CONSERVATION Conservatio Councilwoman Pedersen questioned the feasibility of going into the possibility'of hydro- electric plant. Mayor Standley stated that apparently, this system would not pay for itself in a 50-100 year basis. SKI BUS SYSTEM SKI BUS SYSTEM Jim Adams stated that the Ski Corps was offering a bus to the City for the Winter, in order that the City could run a three-bus system. City/County Planner Herb Barrel submitted a map showing the propoSed~routes of the bus system. Explained that the courtesy bus would reverse it's present ioop, and the Main Street alignment aliminates the loop into the mall. Councilman DeGregori° questiOned why~there were no provisions on the plan for th~ Snowbun~y area. Barrel stated that ~is would 'be possible, although it was not shown on the plan which was submitted. Discussion foltowed of various alternative routes and Schedules, 'General concensus of the system to the Snowbunny area. Acting City Manager Phil Mahoney stated that they must determine if Highlands will be pa~- icipating in~theprogram. ~Stated that Highlands had a conCern with the transferring from buses but would cooperate. CouncilmanBehrendt stated that'he wOuld like to see the multiplicity of stops on Main street reduced. CounCilman Behrendt made a motion to adoP~ this plan as a goal for the winter, seconded by Councilwoman Markalunas. Councilman Behrendt made~a m0~ion't° amend the motion as follows: approve the changes in present ~routes and return the rest of the routing back to the City Administration for further consideration. Motion died for lack of a secondl Councilwoman Markalunas stated that the Ski Corporation plans to bring maps and make them available to the lodges~ Consequently :Coun6il Should act tonight. Councilwoman Markalunas made a m°~ion ~o approve the plan 'submitted with the exception of the Snowbunny possibility being considered.bY'the Administrationi seconded bY Co~ndilman Breasted. All in favor, Motion carried. Councilman Behrendt amde a motion that the West End bus go to some point on Cemetary Lane at the top of the hill and then come back in, seconded by Councilman Walls. Ail in favor, motion carried. PLANNING AND ZDNING COMMISSION APPOINTMENTS PLANNING & ZONING Councilman Walls nominated bill campbell to fill the vacancy on the planning and Zoning APPOINTMENTS' Commission. Councilman Behrendt nominated. George Perry. Councilwoman Pedersen nominated Irv Harland. Councilman DeGregorio nominated Spencer Schiffer. Council voted by private ballot, won by Spencer Schiller. Councilman Behrendt nominated George Parry for~ the vacancy on the Ordinance #19 Advisory Board. Councilwoman Pedersen nominated Irv Harland for the vacancy on the Board. Council voted by p~ivate ballot, won by Irv Harland. CITY HALL REMODELING CITY HALL REMODELING Councilwoman Markalunas made a motion to reallocate the funds for remodeling, with the re- venue to fund an engineering study, seconded by Councilman Breasted. Ail in favor, motion carried. CITY MANAGER CITY MANAGER a. Preliminary Final Budget - City Manager Phil Mahoney clarified portions of the budget for Council, pointing out the balanced budget on the first page. Public Hearing on the budget was set for the next City Council meeting, November 26th. Councilwoman Markalunas stated she would ~ ke to see ~ more detailed budget sheet. Stated that according to the City Charter were required to provide comparative figures with last years budget. Mayor Standley stated that this ~ould be done in the form of an appendix to'~the budget. CITY ATTORNEY CITY ATTORNEY a. Proposed Ordinance, first reading, Municipal Court Summons - City Attorney stated this Ordinance was drafted at the request of ~umicipal Court Judge Tam Scott. - Councilman DeGregorio left the room. Councilman Walls made a motion to read the Ordinance #33, Series of 1973 on first reading, seconded by Councilwoman Pedersen. iI ORDINANCE #33, SERIES OF 1973, "AN ORDINANCE AMENDING THE MUNCIPAL CODE BY THE ADDITION OF ORDINANCE ~33 A NEW SECTION DECLARING IT UNLAWFUL TO FAIL TO REd'POND TO A SUMMONS ISSUED FOR A VIOLATION OF THE MUNICIPAL CODE; CONSTITUTING THE FAILURE TO APPEAR AS A SEPARATE OFFENSE: AND.PRO- PENALTIES THEREFORE~', was read by title by the deputy City Clerk. Councilwoman Pedersen made a motion to approve Ordinance #33, Series of 1973 on first reading, seconded by Councilman Walls. Roll calllvote - Councilmen Breasted, aye; Peder- son, aye; Markalunas, aye; Walls, ay~ Behrendt, aye; M~Mor Standley, aye. Motion carried. Councilman DeGregorio returned to the meeting. ib. Proposed Ordinance, first reading, Ordinance #19 Amendments - City Attorney Stuller recommended to Council that this Ordinance #34 be considered an emergency ordinance. !Councilman Behrendt questioned if ~ was necessary to go through emergency procedures, Bartel stated that he would recommend it. Counczlwoman Pedersen made a motion to read Ordinance #34, Series of 1973 on first reading, seconded by Councilman Walls. Ail in favor, motion carried. ORDINANCE #34, SERIES OF 1973, "AN ORDINANCE AMENDING ORDINANCE NO. 19, SERIES_OF 1973, ORDINANCE #34~ AMENDING SECTIONS THERETO; PROVIDING FOR EXCEPTIONS TO ITS APPLICATION; DESIGNATING ADDIT~.- IONAL U~ES AND REVIEW CRITERIA; AND DECLARING THAT AN EMERGENCY EXISTS", was read by title by the Deputy City Clerk. Councilman DeGregbrio made a motion to approve Ordinance #34, Series of 1973 on first reading and to consider it an emergency ordinance, seconded by Councilwoman Pedersen. Roll call vote - Councilmen Breasted, aye; Pedersen, aye; DeGregorio, aye; Markalunas, aye; Walls, aye; Behrendt, aye;. Mayor Standley, aye. Ail in favor, motion carried. · 1:50 Regular Meeting~ouncil~ 11~!2f73, Councilman Behrendt made a motion to hold a special meeting on Wednesday, November 14 for a second reading on Ordinance #34, seconded by Councilwoman Pedersen. Roll call vote Councilmen Behrendt aye; Walls, aye; Markalunas, aye; De~regorio, aye; pedersen, aye; .Breasted, aye; Mayor Standley, aye. Ail in favor, motion carried. Recal.1 c. Proposed Ordinance, first reading, Recall Procedures - City Attorney Stuller explain- Procedure~ ed that this ordinance will not affect the ability of the people to recall and is not an attempt to divert attempts to recall. Stated that the State Constitution allows the City to draft recall procedures. Councilman Walls stated he would like additional time to review the ordinance be~re firs reading. Councilman Breasted stated that there were rumors floating around with incredible alleg- ations. Stated that the City Clerk had requested the Ordinance for clarification pur- poses. First reading on Ordinance #35, Series of 1973 was rescheduled for the City Council meet- ing of November 26th. COUNCIL COMMENT~ COUNCIL COMMENTS Mayor Standley suggest that Council direct the Administration to make recommendations on Energy ~onser- on energy conservation to the City Council for further action. vation Councilman Behrendt made a motion to direct the Administration to make recommendations on energy conservation to the Ctiy Council, seconded by Councilwoman'Pedersen. Ail id'favor motion carried. Aspen Noise CouncilwOman Markalunas suggest the Aspen Noise Ordinance be revise.d, to confoTM to Statm Ordinance Statutes. Councilman Breasted made a motion to instruct the City Attorney to revise the ordinance to conform to state statutes, seconded by Councilman Behrendt. All in favor, motion carried. Councilman Behrendt questioned the affect of Ordinance #19. Bartel explained that the Planning & Zoning CommisSion is working towards recommendations for official zoning. Councilman Breasted made a motion to direct the Planning & .Zonin~..Commission to core u~ Interim Zoning with recommendations for an interim zoning map, seconded by CouncilwomaniPedersen. . Map Councilman Walls stated that there was a panic from the people who own land to push pro- jects through. William Caille, City Fire Marshall, was present and submitted form to Council to be Occupancy Limit posted in businesses establishing their 0c.cupancy~ limit. Further questioned council on the means he could use to enforce the occupancy limit. City ManagerMahoney suggest'that be an edminist~mtive function, Council agreed. Councilman DeGregorio made a motion to adjourn, seconded by Councilwoman Pedersen. Ail in favor, Motion carried. Meeting adjourned at 9:10 p.m.