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HomeMy WebLinkAboutminutes.council.19740909Regular Meeting Aspen City Council September 9, 1974 Meeting was called to order by Mayor Stacy Standley at 5:10 p.m. with Councilmembers James Breasted, Ramona Markalunas, Jenifer Pedersen, Jack Walls, Pete DeGregorio and City Attorney Sandra Stuller. MINUTES Councilman Walls moved to approve the minutes of August 26, 1974 as prepared and distributed by the City Clerk. Seconded by Councilwoman Markalunas. All in favor, motion carried. ACCOUNTS PAYABLE Councilman DeGregorio moved to approve the accounts payable as submitted by the Finance Department. Seconded by Councilman Walls. All in favor, motion carried. City Manager Dr. Philip Mahoney arrived. CITIZEN PARTICIPATION a. Representative of the Aspen Rugby Club was present to request permission for Rugby Games the use of the Thomas Property for the Ruggerfest games. It was stated all areas large enough were reviewed with the Mayor and this site was found to be the most desirable, requiring no adjustments for the games. Representative assured C~uncil this was a one time request, parking would not be a problem as a shuttle service would be provided and some parking at the east end of the golf course. Area would require irrigating for one week prior to the games, no holes would be require- ed for the goal posts. Council stated their concern that this set a precedent for this type· of use of the Thomas Property. Request the Rugby Club finish the field provided for rugby at the golf course and prepare same for next year, as was discussed and approved a year ago. Councilman DeGregorio moved to approve the request. Seconded by Councilman W~lls. Councilmembers Walls, DeGregorio, Breasted and Mayor Standtey aye; Councilmembers Pedersen, Markalunas nay. Motion carried. b. - Mr. K. N. C.. B, Moore request Council give guidance to the County as relates to County Home Rule. County Home Rule COUNCILMEMBER COMMENTS a. - Mayor Standley suggest the Council agenda be published. City Clerk to review Council Agenda with local newspapers as to this type of coverage. b. - Councilman Breasted moved to add the October 1st Election Questions on th~ agenda for discussion. Seconded by Councilwoman Pedersen. All in favor, Oct. 1 Election motion carried. Councilwoman Pedersen moved to instruct the City Manager to prepare an informational article to be inserted in the newspapers for Council's review. Seconded by Councilman Breasted. All in favor, motion carried. Councilmembers Pedersen, Breasted and Markalunas to work with the City Manager in preparation of the material. c. - Councilwoman Markalunas suggest a study session be called to discuss with Cultural Grou~ the Cultural Groups the information that has been received todate. d.- Councilwoman Markalunas request the 25 MPH on Main Street signs be follow-up Speed Limits on. Also the present 30 MPH on Main Street needs more enforcment, e. - Councilman Walls request stricter enforcement of the Pedestrian crossings on Ped. Crossings Main Street. ASPEN TODAY, LEGAL NOTICES Legal Notices Mr. Don Tesitor was present and request the Council consider the Aspen Today for all or part of the City's legal advertisements. Feel circumstances have changed since last year - publishing twice a week, printing in Glenwood, production being done in Aspen. Legal Notices City Attorney reported the cooperation and accuracy plus the vast exposure of the Aspen Times has been excellant. Council request the City Attorney and City Clerk meet with the two newspapers and submit a recommendation at the next regular Council meeting. STOCK TRANSFERS LeCabaret LeCabaret, Inc. - City Attorney reported the proper form is submitted which shows Stock Transfer that one of the present stockholders is granting her stock to one of the trustees. Fee not being charged, since the new stockholder was investigated at the time of the issuance of the new license. Councilman Walls moved to approve the stock transfer as submitted. Seconded by Councilwoman Markalunas. All in favor, motion carried. Kettle Corporation - Forms required were submitted and it was reported by the City Attorney to be all in order. Kettle Corp. Councilman Walls moved to approve the stock transfer as submitted. Seconded Stock Transfer by Councilwoman Pedersen. All in favor, motion carried. ENCROACHMENTS Glory Hole Glory Hole - New owner of the lodge and restaurant submitted plans. Encroachment Encroachment at the entrance to the restaurant. Applicant stated the Aspen Alps have indicated they have no objections. City Engineer stated that as a first reaction to reviewing the plans, he would not agree due to the problems of snow removal in that area. Councilwoman Pedersen moved to table this request until such time as the admin- istrative staff has reviewed the site and reviewed previous agreements relating to closure of Ute Avenue. Seconded by Councilman Walls. All in favor, motion carried. Aspen Sports Aspen Sports - Plans of the proposed stairway in the front and rear for a second Encroachment story was submitted. It was pointed out the applicant would have to go through the HPC and Board of Examiners and Appeals following approval on the encroachment. i,~ Councilman Breasted moved to approve the encorachment and instruct the City ~ . Attorney to prepare the necessary agreement. Seconded by Councilman DeGregorio. All in favor, motion carried. ELECTION JUDGES & CLERKS City Clerk submitted list of proposed judges and clerks for the City special Elec. Judges election to be held on October 1o Council questioned the name of Susan Scott &Clerks who resides outside the city limits. Name deleted from the list. Councilman Walls moved to ratify the list of judges and clerks as amended. Seconded by Councilwoman Pedersen. All in favor, motion carried. APPOINTMENT, HPC HPC-Michaels Prior to the regular meeting, City Council interviewed Terry End and Jerry Appt. Michaels. Councilwoman Markalunas nominated Jerry Michaels, seconded by Councilman DeGregorio. Councilwoman Pedersen nominated Terry End, seconded by Councilwoman Markalunas. Jerry Michaels appointed by majority vote. ORDINANCE #37, SERIES OF 1974 Ord.#37 H-Lift No. 1 Mayor Standley opened the public hearing. Mr. Hans Gramiger stated his objection to the historic designation of the steel super-structure located at the Skilift No. One area. Stated he felt the use of the area should be more of a park and the structure does not fit into this catagory. Mr. Gramiger gave the background of the area. Mr. Norm Burns of the HPC stated the structure is what the community wants to preserve; it represents a certain period in the history of Aspen and it should be preserved in the location where it exists. Mr. Larry Groen of the HPC stated the Commission was lead to believe Mr. Gramiger desires the bull wheel for his own purposes. Commission feels the structure is vitally important to the history of Aspen. fMayor Standley closed the public hearing. Councilwoman Markalunas moved to read on second reading Ordinance ~37, Series of 1974. Seconded by Councilman DeGregorio. All in favor, motion carried. Councilman Walls left Council Chambers. ORDINANCE #37, SERIES OF 1974, AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, AS AMENDED, DESIGNATING THE FACILITIES OF LIFT NUMBER ONE LOCATED WITHIN THE CITY OF ASPEN, AN H, HISTORIC OVERLAY DISTRICT was read by S. title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #37, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. Roll call vote - Councilmembers Breasted aye; Markatunas aye; Pedersen aye; DeGregorio aye; Mayor Standley aye. Motion carried. Councilman Jack Walls returned. ORDINANCE #38, SERIES OF 1974 Mayor Standley opened the public hearing. There being no comments, Mayor Standley closed the public hearing. Ord.~38, H-City Hall Councilwoman Markalunas moved to read Ordinance ~38, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~38, SERIES OF 1974, AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, AS AMENDED, DESIGNATING LOTS K, L, M, N, O AND PART OF LOT P, BLOCK 93, CITY OF ASPEN, THE LOCATION OF ASPEN CITY HALL, AN HISTORIC OVERLAY DISTRICT was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~38, Series of 1974 on second reading. Seconded by Councilwoman Markalunas. Roll call vote - Councilmembers DeGregorlo aye; Walls aye; Pedersen aye; Markalunas aye; Breasted aye; Mayor Standley aye. Motion carried. ORDINANCE ~39, SERIES OF 1974 Mayor Standley opened the public hearing. There being no comments, Mayor Standley Ord.~39 H-Com- closed the public hearing, munity Church Councilman Breasted moved to read Ordinance 939, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #39, SERIES OF 1974, AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, AS AMENDED, DESIGNATING LOTS K, L AND M OF BLOCK 72, CITY AND TOWNSITE OF ASPEN, THE LOCATION OF THE ASPEN COMMUNITY CHURCH, AN HISTORIC OVERLAY DISTRICT was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~39, Se ries of 1974 on second reading. Seconded by Councilwoman Markalunas. Roll call vote - Councilmembers Mayor Standley aye; Walls aye; Markalunas aye; Pedersen aye; DeGregorio aye; Breasted aye. Motion carried. ORDINANCE ~40, SERIES OF 1974 Mayor Standley opened the public hearing, for Liquor Association comments. Ord.~40 Liq. Occ. Tax. Mr. Bob Freimuth representing the Liquor Association was present and stated they objected to the increase in tax on the basis of being discriminatory - only one type of business paying a h~gher tax. Feel if the City wishes to make this a revenue source the city business license fee should be raised which would concern all businesses. All businesses gain from the services provided by the City. To show a true cost of service, all types o~ businesses should be included in the report. City Council has increased the number of licenses therefore the activity has ~ncreased. Feel a liaison member should be set up between the Liquor Associa- tion and City Council. City Attorney Stuller reported the channel of communication was opened last year at the time a proposed increase in the occupational tax was discussed. There has been no communication from the Association until this ordinance was proposed. City Attorney Submitted memorandum outling the Colorado Supreme Court Case of February 1974 which sustained Ft. Collins liquor occupational tax. Court con- cluded that such taxes may be revenue measures, no requirement that occupational taxes be levied and assessed in accordance with municipal costs and that the amount of the occupational tax to be imposed is a matter of legislative deter- mination. Mayor STandley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #40, Series of 1974 on second reading. Seconded by Councilman Walls. All in favor, motion carried. ORDINANCE #40, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 4-20 OF THE ASPEN MUNICIPAL CODE WHICH AMENDMENT INCREASES THE OCCUPATION TAX IMPOSED UPON LIQUOR LICENSES AS FOLLOWS: CLASS "A" $500.00; CLASS "B" $400.00; CLASS "C" .$300.00; CLASS "D" $300.00; CLASS "E" $200.00; CLASS "F-l" $100.00; AND CLASS "F-2" $50.00 was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #40, Series of 1974 on second reading. Seconded by Councilman Breasted. Mayor Standley stated he objected to the ordinance since there are certain places in the community that do put on benefits for the community. Also the percentage of revenue from the liquor industry in the community is higher than other bus- inesses. Suggest a comparison be made relating to the revenues and cost of services of all types of businesses. Mr. Dunaway pointed out the taxes are paid by the consumer not the owner. roll call vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; Walls aye; DeGregorio nay; Mayor Standley nay. Motion carried. Regular Meeting Aspen City Council September 9, 1974 ORDINANCE #43, SERIES OF 1974 0rd.943 Elec. Rates Larry Simmons, City Economist stated the increase by Public Service Company went ~ into effect September 2nd. This proposed ordinance feel will serve as a holding ' action until such time as a rate study is completed. Councilman Walls moved to read Ordinance ~43, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #43, SERIES OF 1974, AN ORDINANCE PROVIDING FOR A SURCHARGE UPON THE ELECTRIC CONSUMERS OF THE CITY OF ASPEN WHICH SURCHARGE SHALL TOTAL 8%% OF EACH MONTHLY BILLING FOR ELECTRICAL POWER SUPPLIED was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #43, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. Roll call vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; WallS aye; DeGregorio aye; Mayor Standley aye. Motion carried. BUDGET SCHEDULE Budget Manager Mahoney stated there would be a study session with Council on Tuesday, next day, at 7:00 p.m. to review the administrative budgets. TREE TRIMMING Trees Mr. Mahoney request this item be tabled at this time, information incomplete at this time. SIDEWALKS Sidewalk Wagner Park Manager Mahoney stated he had requested the engineering department to place a etc. sidewalk at the south end of Wagner Park. Also at the same time a sidewalk in the next block to. the weSt on Durant. Discussed the sidewalk being on the street side of the curb and also discussed being behind the.curb. Landscaping problems was discussed. Engineering Department further recommend that for the two block area only parallel parking be permitted. Councilman DeGregorio moved that the City Engineering Department build a sidewalk in the two block area - south end of Wagner Park and north side of street in the block of the Chart House utilizing the easiest method without destroying landscaping and with parallel parking in the block of the Chart House only. Seconded by '. Councilman Walls. All in favor, motion carried. TRANSPORTATION MANAGER ~ Mr. James Adams was present and recommend the Council consider the airport manager Transportatio to also hDndle the busses for the City. Office would be located at the airport. Manager Expenses of the transportation manager would be Split between the City, County and Airport Authority. Total expenses for an office and salary Would be $8,000. Council stated their concern that the airport would require more time by the manager, and busses maybe slighted. Councilman Breasted moved to accept the proposal made by James Adams subject to a complete job description being submitted. Seconded by Councilwoman Markalunas. All in favor with exception of Councilman Walls who voted naY. Motion carried. SANITARY LkNDFILL Sanitary City Manager reported Mr. Bishop has requested an increase per month from $750.00 Operations to $1750. Discussed recommendations for operation of the dump as outlined in the study made by Brisco- Mafis which suggested someone from the County handle the responsibility. Council members discussed the revenues and expenditures being shared equally with the County. Councilwoman Markatunas moved to authorize the City Manager to negoiate an agreement with the County incorporating the recommendations of the Study for Council review at the next meeting. Seconded by Councilman Breasted. All in favor, motion carried. POST OFFICE MAIL DELIVERY Post Office Delivery Manager Mahoney reported he has sent a letter to Jim Johnson requesting his assistance. As a compromise have requested mail delivery in the commercial core and three substations be located in the community. BRASS BED . Attorney Spencer Schiffer was present and stated this date he was representing the !~ Brass Bed Brass Bed since Attorney Ron Garfield was absent frOm the City. Mr. Schiffer stated Liq. Vio. that if the City will cancel the hearing which has been established for September 16th, the Brass Bed will close their doors and relinquish their City and State License~ ~ Doors have been closed since last Thursday. Mayor Standley stated he did not agree with the suggestion because if the licenses are relinquished and the owners do request another license at some future date, they would not have to state that they had had a license revoked or suspended in the past. Desire.the problems to be of public record. Council agreed not to cancel the hearing which has been established. 1622 Regular Meeting Aspen City Council September 9, 1974 CRIMINAL CODE Criminal Code City Attorney submitted the introductory portion to the criminal code. Basically the code provides for up-dating, e.g. dropping those sections that no longer apply to the City Municipal Court etc.. RESOLUTION ~29, SERIES OF 1974 Tabled until after budget is prepared. ResolutionS29 Councilman Walls moved to adjourn at 8:35 p.m., seconded by Councilman DeGregorio. All in favor, motion carried, meeting adjournded. ~raine Graves, City Clerk