HomeMy WebLinkAboutminutes.council.19700928Regular Meeting Aspen Eity Council September 28~ 1970
Meeting was called to order at 4:00 p.m. by Mayor Eve Homeyer, with Councilmen Edwin Vare,
Ross Griffin, Fitzhugh Scott~I%I, Francis Whitaker, City Manager Leon Wurl and Finance
Director Dennis Veeder.
Councitnmn Griffin moved to approve the minutes of September 17th as prepared and mailed Minutes
by the City Clerk. Seconded by Councilman Whitaker. Ail in favor, motion carried.
Mr. Don Dyer of Kirchner and Company was present and stated the lowest bid on the bonds Bond Bids
for Rubey Park was submitted by the First National Bank of Denver at an interest rate of Rubey Park
5,207135% and a mill levy based on the estimated valuation for 1970 would be 1.2 mills. -
Councilman William Comcowich and City Attorney Albert Kern arrived.
Mr. Glen Cramer, Mr. Fritz Benedict and Mr. Rob Roy were present representing the Aspen Parking-
Business and Professional Association and presented a plan prepared by Mr. Benedict for Rubey Park
parking at Rubey Park.
Mr. Benedict~explained the preliminary plans showing a raised edge composed of dirt and
cribbing for a 10' planting strip around the outside.
Councilman Jack Walls arrived.
Mr. Cramer stated the Association recommends the CSty enforce the two hour parking in the
downtown area. ' ~ .
Discussed the plan presented and the utilization of the alley and the limitations of
employee parking etc. Attorney Kern informed the Council a stipulation'could be made to
allow parking for any resident of the City, cannot limit to employee parking or a certain
classification of people. .
Mr. Bart~l, Planner, stated he wms in favor of this land for parking as a temporary
solution (perhaps 4 or 5 years) while solutions are being sought on the total parking
problems.
Councilman Griffin moved to instruct the City Engineer, Planner and City Manager to
cost estimates on.the different phases of grading~ paving, planting and a time schedule.
Seconded by Councilman Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin
aye; Scott.aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried.
2 Hour Manager Wurl explained to Council the two hour parking enforcement requires an additional
%'~' Parking man to work during his off hours. After January 1, the budget includes a traffic officer.
Councilman Comcowich.moved to authorize the necessary funds for overtime for a police
officer to enforce the two hour parking. Seconded by Councilman Scott. Roll call vote -
Councilmen Vare aye; Comcowich aye; Griffin aye;-Scott aye; Walls aye; Whitaker aye;
Mayor.Homeyer aye. Motion carried.
Open Space Councilman Vare request permission for space in the planner's office for the Open Space
Committee Committee. ~resently located at the Chamber of Commerce, this space will be used for the
Office Space Aspen Association. Feel Mr. Thomas and Mr. Vare should be located closer to the City for
the coordination of work relating to this project. Will require space for 2 months, .end of
November. Mr. Thomas stated the committee is continuing contact with the Nature Conservancy
and other agencies, and are working on development plans for the open space land.
Manager Wurl stated he was concerned that this would set a precedent for all committees
and further not aware of how much work or what work is being done by the Committee. Prior
to Council consideration~of this request, turned this request down.
Councilman Comcowich stated at the time this committee was recognized by Council, did not
feel that the City would be funding this committee either directly or indirectly. The
money presently being donated to the Chamber and the Chamber in turn has donated $3,000.00
to this committee.
Councilman Vare stated the main reason for requesting this space is because there exists
a wide gap in the information that the City has, planner has and the committee has. Space
would be needed for 2 months only.
Mr. Barrel, Planner, stated present plans anticipate January 1 the space would be used by
the planning office.
Councilman Vare reported he had not turned over the committees information .to the City as
requested, nor has he received a salary and will not request a salary for work on this
committee.
Mayor Homeyer informed Council tha~ this request will require a~decision of the RSA as the
Planner's Office. is under the R~A's jurisdiction.
Councilman Comcowich moved to recommend to the RSA this request for space in City Hall be
denied. Seconded by Councilman Walls. Roll call vote Councilmen Comcowich aye; Walls aye;
Griffin nay; Scott nay; Vare nay; Whitaker nay; Mayor Nomeyer aye. Motion not carried.
Re-zoning Planning and Zoning Communication-- Mr. Barrel, Planner, offered for Council consideration
Request 3 maps of the area in question for re-zoning including the area of the Aspen Institute/
Meadows and ajo~ning properties. Maps indicating (1)~zoning previous to annexation;
(2'2 present zoning; (3) proposed zoning.
Resolution passed by the Planning and Zoning Commission was submitted outlining the request
for re-zoning as follows:
"Institute/Meadows Complem AR-2 with a buffer strip along Gillespie Street of-100' zoned
R-6 and a buffer strip along Meadows Lane of 150' zoned R-15 and Institute property west
of Castle Creek zoned R-15"
Mr. Barrel explained~over-all zoning will be~=emol~ed sometime in January of 1971 as per
Council's request relating to the Aspen Meadows and Institute.
Mrs. Ramona Markalunas and Mr. King Woodward were present and stated they agree with the
Planning and Zoning's proposal.
Councilman Walls moved to read by title only, Ordinance #21, Series of 1970. Seconded by
Councilman Griffin. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye;
Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried.
ORDINANCE #21, SERIES OF 1970, AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF
ASPEN, COLORADO, DATED MARCH 6, 1967, AS AMENDED, AND RE-ZONING CERTAIN AREAS SURROUNDING
THE ASPEN INSTITUTE COMPLEX AS R-6 AND R-15, was read by title only by the City Clerk on
first reading.
Councilman Scott moved to adopt Ordinance #21, Series of 1970 as amended to include the
First Aspen Company Subdivision, order the same published in full and schedule a public
hearing of same for October 14th at 4:00 p.m. Seconded by Councilman Griffin. Roll call
vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye' Vare aye'
Mayor Homeyer aye. Motion carried. ' '
West Aspen Subdivision, Filing 2, Part 2 , ResolUtion was submitted to Council from the Zoning
Planning and Zoning Commission calling for R-15 zoning of this annexation. West Aspen Co,
Subdivision
Councilman Walls.moved to shhedule a public hearing for October 26th at 4:00 p.m. to hear
zoning for the West Aspen Company Subdivision, Filing 2, Part 2 Annexation. Seconded by
Councilman Scott. All in favor, motion carried.
Highway Requests - Mr. Bartel reviewed with the Council highway requests he had prepared Highway
and additional recommendations from the Planning and Zoning Commission. ( See Planning and Requests
Zoning minutes of September 22, 1970.)
Mr. Barrel reported he would be asking for final approval.at the next Council meeting. As
relates to traffic circulation study, Mr. Barrel stated the highway and traffic study are ,
both a part of the total picture on transportation and this is being worked on.
City Market application for 3.2 Retail Beer License - Mayor Homeyer opened the public City Marke~
hearing. 3.2 Beer License!
City Attorney Kern reported all the technical requirements as relates to the forms required
have been met by the applicant.
City Clerk submitted a survey map showing all licensed outlets in the City. Further re-
ported and submitted to Council a remonstrance from Tom's Market signed by Curtis Baar,
opposing the issuance of this license on the grounds the needs are being met.
Council reviewed survey map and it was noted there are two 3.2 beer outlets in the City.
Mr. Miklich of Magnifico Liquors was present and stated his objection on the grounds~>the
needs are already being met; feel this license will be used as in incentive to sell
other products; 3.2 beer license is deceiving to the tourist and feel the tourist mmy be
buying something they don't really want not knowing the laws; retail packaged liquor
stores cannot sell food; do not feel people go into the markets to buy 3,2 beer only.
Mr. Hose of Pinocchio's was present and stated he was opposed to the issuance of this
license on the grounds the needs are already being met; most of the carry out business
(from experience at Pinocchio's) is on Sundays and evening and the markets are closed
during this time.
Mr. Thomas Iacono of the Grog Shop was present and stated he was opposed to the issuance
of this license on the grounds the posting of the sign is in violation of the code as ~_~
the sign is not conspicuous.
City Clerk reported she had posted the sign and the requirements of the code are that the
sign be posted in a conspicuous place for 10 continuous days, the first day to be 15 days
prior to the hearing. This requirement was met. Remodeling did not take place until the
last 5 days.
Mr. Iacono further stated the Council should outline.a pattern for the issuance of
licenses. Present establishments will suffer With additional outlets. Question City Market
as to thow the needs have not been met. Feel there is a need for a 3.2 nighthlub operation
not for package.
There being no further comments, M~yor Homeyer closed the public hearing.
Councilman Comcowich moved to deny this application on the grounds the reasonable needs of
the neighborhood have been met for the sale of 3.2 beer consumption off the premises.
;econded by Councilman Vare.
Councilman Comcowich stated from the testimony given, and the review of the existing 3.2
beer outlets, it is obvious that the reasonable needs of the neighborhood are being met.~
Councilman Whitaker stated previous application for this location was denied. Councilman
Griffin stated since no one appeared at the hearing from City Market, feel they look at
this license as just a convenience.
Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye;
Whitaker aye; Mayor Homeyer aye. Motion carried.
Mayor Homeyer opened the public hearing on an application for a beer and wine license for
Andre's of Aspen.
Attorney Kern reported all t~c~nical requirements relating to the required forms, have
been met. Sanitarian reports the restaurant has been approved as a licensed restaurant.'
Andre's ~ ~o~{~=~= Hr Steven Price and Mr. Andre Ulrych. Mr. Slemon.repDrted the ?wn?r~ are
Beer and Wine t~ ~L~ ..... . ~ ~ = - - = ..... ~ ~eriou w~tn oro-
License II~ot~ residents of the City and the premises are ~ase~ ~o£ = ~= ~=~ ~ ~
iszon for renewal. Restaurant was put together wzth the owners personal funds, presently
~av? no debts. Have an agreement that calls for continuity in the management of the
buszness, one of the owners wzll be on the premises at all times. Se=ring excellent gourmet
food throughout the day, year around at reasonable prices which is not presently being
done by any restaurant.
Mr. Slemons submmtte a survey map of the neighborhood and outline of the types of
restaurants and schedule of the services offered by other restaurants in the neighborhood.
Restaurant capacity of 70, 17 employees. Serve presently on the average 300 plates per day.
Serve breakfast, lunch a~d dinner. Feel this indicates a need for this type of restaurant.
~ndre's is a food operatzon and depends on volume and a beer and wine license is needed to
supplement this type of food operation. Also feel this request is substantiated by the
requests for beer and wine by the customers.
Council adjourned to executive session for five minutes with~applicant.
Council reconvened into regular session.
Councilman Comcowich moved to approve a beer and wine license for Andre's of Aspen.
IISeconde~ b~ Councilman W~lls. Roll call vote - Councilmen Whitaker aye; W~lls aye; Scott
l aye; Gr~ff~n aye; Comcowmch aye; Vare aye; Mayor Homeyer aye. Motion carrzed.
Resolution #23 RESOLUTION #23, SERIES OF 1970 as follows was read in full by the City Clerk:
Bonds - Rubey RESOLUTION ~23
Park SERIES OF 1970
WHEREAS, at a special election duly called and held on Tuesday, August 25, 1970, a majority
of the qualified, registered electors of the City of Aspen, approved the question of
issuing general obligation bonds of the City in the principal amount of $300%*000 for the
purpose o~ paying ~he cost of acquiring by purchase a tract of !and for municipal purppses,
situated ~n sa~d Czty; and
WqlEREAS, notice of s~le of bonds in the principal amount of $300,000 has been mailed to
invastment banking fzrms, banks and other prospective bidders; and
the bid of
WHEREAS, bids were receive in response to said Notice and it appearing that
the First National Bank of Denver, Colorado said bid being for not less than par and
accrued interest to the date of delivery, having a net interest cost of $96,332.00 and a
net effective interest rate of 5.2D7 %, is the highest and best bid for cash in accordance
with said Notice of Sale:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO:
That the $300,000 of General Obligation Public Purpose Bonds dated October 1, 1970,
heretofore duly offered for sale by the City of Aspen, Colorado, be, and the same are,
hereby awarded to the First National Bank of Denver, Colorado, the highest and best bidder
therefor, in substanial compliance with the terms and conditions of the Notice of Sale,
dated September 17, 1970, and including the details stated in the bid of said b.idder.
Councilmam Scott moved to adopt with amendment of the spelling of Councilman Whitaker's
name Resolution #23, Series of 1970. Seconded by Councilman Vare. Roll call vote - Council-
men Vare aye; Comcowich aye; ~riffin aye; Scott aye; Walls ~ye; Whitaker aye; Mayor
Homeyer aye. Motion carried.
Ordinance #24 Councilman Scott moved to introduce Ordinance #24, Series of 1970 for first reading and
Bonds - Rubey to be read by title only. Seconded by Councilmmn Walls. All in favor, motion carried.
Park ORDINANCE #24, SERIES OF 1970, AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE
CITY OF ASPEN, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS
OF SAID CITY IN THE PRINCIPAL AMOUNT OF $300,000 FOR TRE PURPOSE OF PROVIDING FUNDS WITH
WHICH TO PAY THE COST OF ACQUIRING BY PURCHASE A TRACT OF LAND FOR MUNICIPAL PURPOSES,
SITUATED IN THE CITY OF ASPEN: PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE
LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND DECLARING AN EMERGENCY .TO EXISq
was read by title only by the City Clerk on first reading. ·
Councilman Scott ~moved to adopt Ordinanc~ #24, Series of 1~70 on first reading as read by
title .only. Seconded hy Councilman Walls. Roll call vote Councilmen Whitaker aye; Walls
aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried.
Bd. of Board of Examiners and Appeals appointment of an ~engineer was considered bM Council.
Examiners Councilman Walls reported the names of Joseph ~i~,a.bacher and Thomas Duesterberg have
& Appeals indicated their interest.
Appoint- ouncilman Vare moved to appoint Joseph Krabacher to {ill the vacancy of an engineer on
%'~ ment ~he Board of E~aminers an~ Appeals. Seconded by Councilman Walls. Ail in favor, motion
carried.
Mayor's Deed Mayor'S Deed for Lots Q, R, and S, Block 53 to Lyle Dodds Koch was submitted to Council,
Lots Q, R, S previously checked and approved by City Engineer and-City Attorney.
Block 53
Councilman Scott moved to authorize the Mayor and City Clerk to execute "the Mayor's Deed
for Lots Q, R, and S, Block 53. Seconded by Councilmmn Griffin. Roll call vote - Councilmen
Vare aRy?; Comcowich aye; Griffin aye; Scott aye;~Walls aye; Whitaker aye; Mayor Homeyer
aye. Motion carried. , ........................... ~
ORDINANCE #22, SERIES OF 1970, AN ORDINANCE AMENDING SUB-SECTION b of SECTION 12, CHAPTER
1, OF TITLE VIII OF THE OFFICIAL CODE OF THE CITY OF'ASPEN, AS AMENDED REQUIRING THE
CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS IN THE AR-2 ZONED DISTRICT'AND REQUIRING A
SIX (6") VERTICLE CURB AND GUTTER was read by title only by the City Clerk on first
reading.
Councilman Whitaker moved to adopt Ordinance #22, Series of 1970, schedule a public hearing Ord.#22
on same for October 14, 1970 at 4:00 p.m. and order the same published in full on first Curbs and
reading. Seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls Gutters
aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried.
ORDINANCE #23, SERIES OF 1970~, AN ORDINANCE AMENDING SECTIONS 6 AND ~ of CHAPTER 3, TITLE Ordznance #23
V OF THE OFFICIAL CODE OF THE CITY OF ASPEN AND COMBINING SAID SECTIONS RE-ESTABLISHING Board of Exam-
EXAMINATION STANDARDS AND PROCEDURES FOR THE BOARD OF APPEALS AND EXAMINERS wa.s read by iners & Appeals
title only by the City Clerk on first reading.
Councilman Walls moved to adopt Ordinance #23, Series Of 1970 on first reading~ order the
same published in full and schedule a public hearing on.sam~.~or~October 14th.'at 4:00p.m.
Seconded by Councilman Whitaker. Roll call vote - Councll~.,V~Pre aye; Comcowich aye;
Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer-~aye. Motion carried.
City Attorney Kern submitted to Council a resolution-~nd proposed lease agreement relating Lots 14 & 15
to the leasing of Lots 14 and 15 Capitol Hil-t.Addition to the Aspen Ski Club. Capitol Hill
RESOLUTION #24, SERIES OF 1970 was read in full by the City Clerk as follows:
RESOLUTION #24
SERIES OF 1970
WHEREAS, the City of Aspen claims ownership in Lots 14 and 15, Capitol Hill Addition to
the City and Townsite of Aspen, Colorado
AND WHEREAS, the Aspen Ski Club, A Colorado Corp~ration desires to enter into a long term
lease with the City of Aspen for the purposes of placing a clubhouse on the above-described
premises to be used for Aspen Ski Club business, including storage facilities and office
and meeting place facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that
the Mayor and City Clerk are hereby authorized to execute the Lease Agreement with the
Aspen Ski Club for a period of twenty (20) years in a form approved by the City Attorney.
Councilman Walls moved to adopt Resolution #24, Series of 1970. Seconded by Councilman
Griffin. Roi& call vote - Councilmen Griffin aye; Scott aye; Walls aye; Comcowich aye;
Whitaker aye; Vare aye; Mayor Homeyer aye. Motion carried.
Attorney Kern request signatures not be obtained on the lease agreement until the Aspen
Ski Club has approved and signed the lease.
Resolution and letter received from Mr. Bass were discussed. Mr. Bass now agrees to lease Bass Park
the lots for 5 years for 31.00 a year, property to be tax exempt during the term of the
lease and Mr. Bass not be obligated for improvement assessments during the term of the
lease.
Councilman Griffin moved to table consideration of the resolution until the next meeting.
Seconded by Councilmmn Comcowich. Ail in favor, motion carried.
Alley Estimate City Engineer recommends the City pay $8,310.63 and withhold 15% of the Alley Payment
total bill until the alley in Block 94 is corrected.
Councilman Griffin moved to authorize payment of $8,310.63 to Blacktop Paving as per City
Engineer's recommendation. Seconded by Councilman Comcowich. Roll call vote - Councilmen
Vare aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; ~ayo~ Eve Homever aye; and
Councilman Scott aye. Motion carried.
Dog Truck - Manager Wurl exp~&ned due to the General Motors strike, recommend Council Dog Truck
consider accepting the next lowest bid of Rifle Auto with a delivery date of October 25th.
Councilman Griffin moved to accept the bid of Rifle Auto for the purchase of a dog truck.
Seconded by Councilman Whitaker. Roll call vote - Councilmen Scott aye; Walls aye;
Whitaker aye; Griffin aye; ComCowich aye; Vare aye;. Mayor Homeyer aye. Motion camried.
Parking Improvements - Estimates of the following were submitted by Manager Wurl: Aspen
Laundry-- $3,342.50 Aspen Auto $1,265.00.
Discussed what legal action may be forthcoming and reason for such ~action from the propert~
owners.
Councilman Whitaker moved bo authorize the correction of.the parking at Aspen Auto in the
amount of $1,265.00 Seconded by~Councilman Scott. Roll call vote Councilmen Vare aye;
Comcowich may; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion
Carried.
Council agreed to go into executive session at 7:00 p.m. Council reconvened into regular
session at 7:15 p.m., whereupon Councilman Comcowich moved to adjourn, seconded by
Councilman Walls. All in favor, meetzng adjour~e~d.~~ ~ /
~--~o~ra~ne Graves, Czty Clerk