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HomeMy WebLinkAboutminutes.council.19740128 ~SPEN' CITY COUNCIL ..... '~EGULAR MEETING JANUARY 28, 1974 Meeting was called to order by Mayor Stacy Standley at 5:05 p.m. with Councilmembers Jen- ifer Pedersen, James Breasted, Pete DeGregorio, Ramona Markalunas, Jack Walls, Michael Behrendt, City Attorney Sandra Stuller and City Manager "Mick" Mahoney. Minutes, MINUTES 1/14/74 ~4 Councilwoman Pedersen moved to approve the minutes as prepared and mailed by the City Clerk - Seconded by Councilman DeGregorio. All in favor, motion carried. PROPOSED PAYMENTS PROPOSED PAY ~. ments L~s~ of payments for the second half of ~anuary was submitted by the Finance Department. ~. ~ Finance Director Nixon clarified the sales tax payments to the Department of Revenue as the tax that Ks collected by the City on utility payments. The City receives their p~r- tion back from the Department. Mr. Ted Armstrong stated the payment for fertilizer covers the City!s requirements for all parks for the~entire summer. Councilrequest clearance from the County prior toppayment to Dave and Perry Christensen on teh dump. Councilman Behrendt moved to approve the accounts payable conditioned upon payment to the Christensen brothers being withheld at this time. Seconded by Councilwoman Pedersen. All in favor, motion carried. Item #113. CITIZEN PARTICIPATION Citizen, a. - Mr. Fred Smith questioned the follow-up for a Sidewalk district which appeared on a Participation previous agenda but was not considered. Mr. Dave Ellis, city Engineer reported he would be submitting the specifications, area, costs etc. prior to the e~d of February. Mr. Smith complained about the marrowness of Durant Street between Aspen & Monarch where the snow has been piled in to the street. Councilrequest the City Manager follow this up and make the necessary corrections. b. -Mr. Raymond Auger request Council consider not prohibiting tour skiers from Skiing in the public ri~ht-of-way. It was poinh=d out this falls under the Model Traffic Code and ~an be deletedffrom that code. It was further pointed out the Police Department has not issued a ~icket for this type of violation , only warnings. Councilman Breasted moved that the City take exception t~ that part of the Model T_~ffic Code as it relates to skiing on City streets, Seconded by Councilman Behrendt. Council discussed the City's liability. City Attorney Stuller reported the skier would be designated as a pedestrian for purposes fo right-of-way. There would be no difference as ~elates to liability. Councilmembers Walls and Markalunas nay; Councilmembers Pedersen, Breasted, DeGreGorio, Behrendt and Mayor Standley aye. Motion carried. ANDRE'S - LIQUOR STOCK TRANSFER ANDRE'S, LIQUOR STOCK TRANSFER Attorney David Slemons was present and submitted to Counicl form required by the State & the hearing fee of $200.00. Mr. Slemons stated the transfer would take place in incre- ments o~er a per~od of time. As of December 31, 1973, Mr. Steve Price no longer has any control in the business whatsoever. City Attorney STuller reported all was in order on the transfer. Council questioned Mr. Andre Ulrych concerning the trash build-up in the alley and the change in use of the encroachemnt w~ich was granted by Council somtime ago. Structure in the encroachment has a freezer installed; area was approved as a trash enclosure and cover for stairway to the basement. Mr. Ulrych pointed out their dumpsters are used by every one in the building and have a problem with control. Further stated he was not aware of what the specific use of the encroachment was supposed to be. Councilman DeGregorio moved to approve the stock transfer as submitted. Seconded by Councilwoman Pedersen. Mr. Selemons reported even though the transfer will take place in increments, do not feel applicant should have to appear before Council again. Council concurred. All in favor, motion carried. PUBLIC HEARING, SECOND READING - ORDINANCE ~2, 1974~ PUBLIC HEA/t~G Mayor Standley opened the public hearing on Ordinance ~2, Series of 1974. There being SECOND READING no comments, Mayor Standley closed the public hearing. ORDINANCE 92 Councilwoman Markalunas moved to read Ordinance ~2, Series of 1974 on second rea~ing. Se- conded by Councilman Walls. All in favor,motion carried. ORDINANCE #2, SERIES OF 1974, "AN ORDINANCE AMENDING PROVISIONS OF THE CITY OF ASPEN EM~ PLOYEES RETIREMENT PLAN AND TRUST, APPENDIX A OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; EXCLUDING POLICEMENT AND FIREMEN FROM PARTICIPATION; PROVIDING AN ALTERNATE METHOD OF DISTRIBUTION; AND CHANGING THE NUMBER OF COMMITTEE MEMBERS AND REQUIRI~.~TH~TWO MEM- BERS BE QUALIFIED ELECTORS NOT CONNECTED WITH MUNICIPAL GOVERNMENT.", was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #2, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Counclmembers Ped- ersen, aye; Breasted, aye; DeGregorio, aye; Markalunas, aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. STREET VACATION - NORTH AND FOURTH STREETS STREET VACATION NORTH39~ & FOURTH Attorney Dwight Shellman was present representing his client ~n a request to vacate. STREETS Reported th~e are substantial structural improvements on the North Street right-of- way (8' high concrete fence), approximately 20' into the street. The encroachment on Fourth Street ~s slight, encroachment being the house. A difference in dimensions be- tween the Willits map, Tri-co survey and the metes and bounds description. Requesting at this time if the City intends to contest the quiet title suit. City Engineer Ellis stated his opinion that the City should contest the action. In the future there will be problems constructing improvements in this area. Also this would set a precedent for the remaining property owners in that area. Mr. Shellman pointed out the fence was used more or less as a gui~, all improvements on the street our lined up with the wall, and not lot lines. Councilwoman Markalunas moved the City contest the quiet title action. Seconded by Councilwoman Pedersen. All in favor,motion carried. HUNTER CREEK, WATER LEASE (RIGHTS) HUNTER CREEK, Attorney Albert Kern spoke on behalf of the City to inform Council of the history of the WATER LEASE w ...... egu ar ee lng ~sepn City Council water.rights. Reported the leasing of these rights began in 1969 to improve the flume and pipeline and to be able to show a use for the water. Members of the Humter Creek Water Company are: Stanton, Cronin, Thomas and Westfelt. This water Supplies their ponds. The City's rights are junior rights and date back as far as 1886. City has  City Manager Mahoney stated he had reviewed the headgate Department with the Water and Engineering and do not feel it would make sense to put money into the system at this time. Mr. Kern stated there was no urgency on this problem until spring. Cit~ Attorney Stuller stated the City water rights attorney is reviewing the City's entire water rights and will be making recommendations which should be forthcoming about March. Council agreed to table this item until subh time as the report is received. PARKS & RECREAT- PARKS & RECREAT~N COMPREHENSIVE..... . DEVELOPMENTPLAN. ION COMPREHENSIVE DEVELOPMENT PLAN Mr. Ted Armstrong, Director, submitted to Council the plan noted above. Mr. Armstrong pointed out this plan meets the national standards. Before a decision can be made on the Ptarmigan a=ea, a decision must be ma~e on the total directionin which the City desires to go. Council request copies tgo to the Planning and Zoning Commission so a recommenda- tion can be made to Council. Mr. Armstrong stated time is of the essence if anything is to be done this year; decision must be made on the Ptarmigan lease very shortly. CONTRIBUTIONS TO CONTRIBUTIONS TO COOPERATIVE SERVICES COOPERATIVE SER- VICES Request from the County to join with the County in a donation to the 4-H program in the amount of $621,00 was submitted. Mr. Nixon Finance Director stated all he was able to gain from the County on this request was a voucher requesting the funds from the County. No explanation as to what the money would be used for. Councilman Behrendt moved to ~ble this request until further information is ~eceived. SEconded by Councilwoman Pedersen. Ail in favor, motion carried. SILVER KING WATE] SILVER KING WATER City Engineers memo was submitted. Mr. Ellis, City Engineer stated the main problem was this entire transaction lies in that there is nothing in writing. In addition , there have been personnel changes in City Hall. The following is an excerpt from the City Engineer's mem~ outlining the problem with the back assessmentsof tap permit fees:"This item refers to an earlier memo to John Nixon. The figure of $78,092.32 is based on a ~ strict interpretation of the dode as relates to double fees for failure to obtainpper- ~ mits. Although work commenced on Phase I and actual occupancy of one building occurred ~ ~ prior to payment of the first-tap fee, I believe the work was done with the full know- ,~ ledge and consent of the administration and that there was no action to escape payment of the tap fee. I~fe~l the double fee is not equitable and should be ~ropped for Phase I In the case of Phase II it first come to my attention in late spring 1973 that there might be overdue tap fees. I am not aware of nay agreement that wo~ld have exempted expanded usage of the initial tap from an additional tap fee. The water department h may have been instructed to issue water meters prior to the payment of the tap fee to ex- pedite construction; the matter was also complicated by the fact that the mew taps wer~ made from lines not under city control. In any case, no attemPt to my knowledge was make to pay a tap fee for Phase II." The following figures were submitted outlining the charges and fees paid showing a balance of $78,092.32: Phase I - Tap Fee $22,680.00 Late Fee 22,680.00 Extra Meters 1,514.70 Less tap fee paid (28,360.00) Phase II - Tap Fee 26,020.00 Late Fee 26,020.00 Extra Meters 791~37 Balance due 9/11/72 71,346.07 Phase III Tap Fee 32,750.00 Extra Meters 791.37 " " 1,204.88 Less tap fee Paid (28,000.00) Balance Due 10/5/73 $78,092.32 ~N~XX~XXN~X~X~EX~X~X~mXXXEE~EX~N~X~H~E~X~H~XX~EXHX~X~N~EX~XHEX~N'~ Mr. John Nixon, Finance Director stated he is still trying to figure out why the Finance Department is issuing water taps since they know so little about them. Silver King h~s been paying their water bills~ Mr. Ellis stated he did not feel the City should charge a late fee for Phase I and III. - On Phase I the City was fully aware of what was going on and why it was not remitted, no one seems to know. No one seems to be able to explain why the tap fee was not paid for Phase II. On Phase III they did make an attempt by paying the $28,000 which would be the maximum for a 6" tap, no attempt to evade payment. Mr. Jim Reser of Tri-Co was present and stated the man who was negotiating the water with the City has also left their firm. Have ~ound a schedule on Phase so know that the schedule was ~ent to the City. There could have been a lack of com- munication be~tween the water department and engineering; no bill has ever been~re- ceived from the City on Phase II. Only can assume that Phase I was taken care of and by the time Phase II came around, feel perhaps the finance department assumed the en- tire fees had been paid. Mr. Reser stated they would be willing to pay the bill minus the late charges. Do not feel they should be responsible for the late charges since the City is as responsible for the error as Silver King. Councilwoman Markalunas moved the City request Silver King pay the past due tap fees and meter charges and delete late fee charges; payment be made by Fevruary 1, 1974. Seconded by Councilman Walls. Councilmembers Pedersen, aye; Breasted, abstain; Degregorio; nay; Markalunas, aye; Walls, aye; Behrendt, nay; Mayor Standley aye. Motion carried. Water Request for Phase IV - Mr. Reser stated, they would be going before the County P & Z on February 6th and under their building permit review procedure you must show a water supply. Council stated their concerns in the way the project is being managed, i.e. over-crowded- ness; dogs; parking problems; traffic circulation; use as employee housing. Councilwoman Markalunas moved that this request be determined as an extension for Phase IV and not a tap. Seconded by Councilwoman Pedersen. All in favor except for Councilman Breasted who abstained. Motion carried. (Extension would require approval by ordinance) Question was raised as to the ability of the City to serve the Phase IV project. Mr. Ellis stated at the present time the City is making no committments to large projects within the City pending a report of a complete analysis of the water system. A pumping station at the base of Red Mountain is budgeted for summer of 1974, could serve Phase IV with that station. Minor corrections, in addition, would have to be made amounting to about $5,000 which feel ~ilver King should pay. Council agreed they would not make a decision on this request until the County has re- viewed this project, at which time, an ordinance would be required. PROPOSED DUMPSTER ORDINANCE PROPOSED DUMPS~ER ORDINANCE Manager Mahoney submitted the proposal and reported the ordinance was only for review at this time, no action required. Basically the ordinance limits the size of containers and provides exceptions to this requirement. Mr. Vic Goodhard reported his business started in 1967 with 1 yard containers and as time has passed, the industry has gone to larger containers and front end loaders. Trash in- creases on an average ofi~7% per,year per person. In the City average 26 tons of trash per day~ Trucks hold between 6~.~and 7~ tons. As t~ash increases, there will ~o longer be room for 1 yard containers, thus~the reason for dumpsters. The commercial core is ser- viced 7 days a week. Researched~other resort areas, and they are all going front end Snow is the biggest problem. Front end loaders make for ~..cleaner operation. Manager Mahoney stated he is proposing the one yard containers because there is not e- nough room in the alleys. Mr. Goodhard stated he could go along with 32 gallon containers in the residential areas and one yard containers in the commercial area. Mr. Fred Smith stated he felt it was the tu~kning radius of the truck rather than the clear. ance for front end loaders that is the problem. There is a problem with dumpsters in that the lids don't close, no one cleans up the mess around the dumpsters when they are emptied and the dumpsters are located where they can best be picked up which is not al- ways very desirable. These dumpsters require curb cuts which take ~ay from parking spaces. Do not feel front end loading is the answer. Suggest the containers be 45" high, one cubic yard in size, they should have wheels so they can be moved easily, they should be located on the occupants property adjacent to an alley or front or side yard which would require"screening, located on a paved surface and access to the dumpster should be provided at all times. Manager Mahoney questioned who should be responsible for administering the exceptions. It was pointed out Mr. Goodhard has increased the rates without Council approval. Councilman Behrendt moved exceptions be reviewed by the City Manager and his exceptions be in writing'. Seconded by Gouncilman DeGregorio. All in favor,motion carried. ASPEN TRANSIT REPORT ASPEN TRANSIT PORT Mr. Bingham and Mr. Malmros submitted an inventory of all existing modes of travel in the Aspen Area. Mr. Malmros stated the purpose of this inventory is to assess What presently exists, analyse future needs and submit alternative programs~ to fit the needs of the future. Will submit to Council in February those alternatives and recommendations as to how best to administer the program i.e. transportation authority, department of transportation etc. Trail S~stem TRAIL SYSTEM Mr. Ted A~rmstrong, Parks and Recreation Director submitted to Council trail system for the entire area. Request Council consideration so that easements etc. can be negoiated. AUDIT Manager ~ahoney request approval from Council to enter into an agreement with Alexander Grant and Company in the amount of $10.000 audit; $1500 expenses; consulting services ~,000. With the continuing consulting services this year, the audit for next year should be only $1~,000. Councilman Walls moved to ~Pprove the letter agreement with Alexander Grant and Company SEconded by Councilwoman M~kalunas. All in favo~,'motion carried. STREET LIGHTING EXPENSES STREET LIGHTING ~- EXPENSES Manager Mahoney request monies be transferred to the lighting budget to cover the cost of ! shipping the antique lights $3636.00. City Attorney Stuller reported the person who do- nated the lights to the City was in town recently and wishes now to impose conditions on this donation, i.e. guaranteed appraisal, all lights installed within five years, he re- i i~ tain three of the lights with exclusive rights, etc... Councilwoman Pedersen moved that the City pay the bills as rendered, Seconded by Councilman Breasted. All in favor, mo- tion carried. MALL CO-ORDINATOiMALL CO-ORDINATOR Mr. Michael Kin$1ey submitted job description to Council covering the following areas: (1) communications; (2) press releases; (3) mall permit review; (4) co-ordination of activities; (5) added elements for the mall and (6) logistics. It was pointed out Mr. Kinsley would be responsible to the Parks and Recreation Director; paid $5.00 per hour; anticipate 20 hours of work a week. Couniclman Behrendt moved to accept the job description and the salary as outlined and the position will be at the pleasure of the City Manager. Seconded by Councilwoman Peder- son. All in favor, motion carried. DEPUTY MUNICIPAL JUDGE . DEPUTY MUNICIPAL ! JUDGE City Attorney Stuller request Council rescind previous motion appointing Albert Kern Deputy Municipal Judge. Municipal Judge Scott's request was for Mr. Kern to hear only the one case before the court that being Mrs. Scott. Councilman DeGregorio moved to rescind the motion appointing Albert Kern as Deputy Mu- nicipal Judge. Seconded by Councilman Breasted. All in favor,motion carried. ORDINANCE #4, SERIES OF 1974 ORDINANCE #4 Councilman Behrendt moved to read Ordinance #4, Series of 1974. Seconded by Councilman DeGregorio. All in favor, motion carried. ORDINANCE #4, SERIES OF 1974, "AN ORDINANCE AMENDING ORDINANCE NUMBER $9, SERIES OF 1973, TRANSFERRING $1,799~569.00 IN REVENUES FROM THE LAND ACQUISITION FUND TO THE TRANSPORTA- TION FUND ESTABLISHED BY ORDINANCE #38, SERIES OF 1973; REDUCING THE EXPENDITURES IN SAID LAND ACQUISITION FUND ATTRIBUTED TO INTEREST EXPENSE, LAND AND LAND RIGHTS, OTHER SER- VICES, LIGHTING SYSTEM AND LAND DEVELOPMENT; INCREASING EXPENDITURES IN THE TRANSPORTA- TION FUND ATTRIBUTABLE TO LAND AND LAND RIGHTS, OTHER SERVICES, LIGHTING SYSTEM, LAND DE- VELOPMENT AND INTEREST EXPENSE; ALL TRANSFERS TO CORRECT THE EARLIER ENTRIES MADE IN SAID ORDINANCE 39 and 38, SERIES OF 1973, SO AS TO REFLECT THEIR PROPER ALLOCATION TO THE LAND TRANSFER AND TRANSPORTATION FUNDS was read by title by the City Clerk. Councilwoman Pedersen mo~ed to adopt Ordinance #4, Series of 1974 on first reading. Second ed by Councilman DeGregorio. Roll call vote- Coun~ilmembers Pedersen aye; Breasted aye; 'DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion Car- ried. HIGHWAY DEPARTMENT AGREEMENT i HIGHWAY DEPT. ~'AGREEMENT AGreement submitted between the City, the county and Highway Department to set out mutually agreeable administrative and fiscal arrangments by which alternatives for the location and design of improvements to High~ay 82 lying in Pitkin County Between Bas&lt and Aspen will be prepared. Councilwoman Pedersen moved to approve the agreement as submitted. SEconded by Councilman Breasted. All in favor, motion carried. RESOLUTION #4 RESOLUTION ~4, SERIES OF 1974 Resolution introduced by CouncilmanBehrendt. Councilman Behrendt moved to read Resolution #4, Series of 1974. Seconded byCouncilman Breasted. Councilman Walls stated he felt the County's proposal is a short circuit for planning, doing the expedient first. Ail in favor with the exception of Councilman Walls who voted nay. Motion carried. RESOLTUION ~4 Series of 1974 WHEREAS, the city Council for the City of Aspen, Colorado, has been advised of the impending public hearing on the radical downzoning of major tracts of land adjacent to and surrounding the Ctiy of Aspen, And WHEREAS, the members of the City Council wish to express their recognition of the County Commissioners' efforts, concern, and courage in taking this defin- ! 'I ~ itive measure to deal with our mutual problems of excessive growth, with i I its attendant inordinate public costs, curtailment of our open space, and adverse ! ~ environmental effects, and WHEREAS, the City Council, while not yet being apprised of the full conseq- uences of such measures on development pressures within the City of Aspen, hope that these and all County measures will complement our own growth and develope ment policies, No~, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado, 1. That the County Commissioners of Pitkin County, Colorado, be commended by the City of Aspen for their activism and courage in dealing with the major land use problems of this area; and 2, That, alghough all the consequences of any such ~overnmental action can- not be~-anticiapted or predicted, The City Council~hereby expresses the hope that the County Commissioners willLwork to enhance similar objectives of the City within its governmental boundaries; and 3. THat Mayor Stacy Standley ~be authorized to read this REsolution at the public hearing to be herd on T~esday, January 29, 1974, so as to make the feelings of the City Counicl of public record. Councilwoman Pedersen moved to adopt Resolution #4, Series of 1974. Seocnded by Council- man Behrendt. All in favor with exception of Councitmembers Markalunas and Walls who voted nay. Motion carried. DIRECTIVE - PLANNING ]IRECTIVE - PLANNING Couniclman Breasted moved to request that the planning Office prepare along with the Planning and Zoning Commission a scenarium, covering the next ~ months, of the re-zoning of the City; th~s is in anticipation of the Ordinance #19 deadline. Seconded by Council- man Behrendt. This should include the tact that Will be taken'and time table. All in favor, motion carried. LEASH LAW ,EASH LAW Councilman Breasted moved to instruct the~City Attorney to redraft the leash law so that outside of the Commercial core area if owner has leash in hand and dog is within~a one block area, he will not be in violation. Motion died for lack of second. ISSUANCE OF TAP PERMITS ISSUANCE OF TAP City ATtorney reported she is working on a ~procedure to tighten up the process so that ali PERMITS fees are paid prior to occupancy certificates being issued. OPERA HOUSE OPERA HOUSE Manager Mahoney reported he will be suvmitting to Council report on the total problems of the Opera House. SIERRA VISTA DRIVE SIERRA VISTA DR. Manager Mahoney reported he had contacted Mr. Huebinger as relates to statemtns on the oiling and chipping of this street. Mr. Hue binger does not have anything in writing. APPOINTMENTS APPOINTMENTS Council;~est HPC and P & Z Appointments be on the next agenda. P & Z Allocation P & Z Allocation Question raised if there were funds to pay for Commission lunches so meetings could be held during the lunch hour prior to the regular meeting the same day. Council request the City Manager check with the Planning Office to see if there were fund~ available for this purpose. CITY MANAGER CONTRACT CITY MANAGER CONT-! Councilwoman Markalunas moved to authorize the Mayor and City Clerk to sign the contract act with Mr. Mahoney. Seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Behrendt moved to adjourn at 8:40 P.M. , Seconded by Co~ncilma~Walls. All in favor, motion carried ........ ~___~./ Lorraine Graves, City Clerk