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HomeMy WebLinkAboutminutes.council.19701014Regular Meetin~ Aspen City Council October 14~ 1970 Meeting was called to order by Mayor Eve Homeyer at 4:15 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Fitzhugh Scott III, Francis Whitaker and City Attorney Albert Kern. Councilman Scott moved to approve the minutes of the meeting held September 28th as prepare Minutes and mailed by the City Clerk. Seconded by Councilman Griffin. Ail in favor, motion carried Councilman Griffin moved to approve the accounts payable as submitted. Seconded by Council- Accounts man Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Payable Whitaker aye; Mayor Homeyer aye. Freudian Slip, Inc. Stock Transfer, Liquor License - Forms required by the City and Freudian Slip, State were submitted to Council and declared by the City Attorneyto be all in order. Inc. Mr. Leonard Oates, Attorney, representing Mr. Victor B. Leatzow, stock holder and applicant was present and request from Council the stock transfer take place as of October 30th. Councilman Scott moved to approve the stock transfer to Mr. Victor B. Leatzow under the license of Freudian Slip, Inc. Seconded by Coumcilman Whitaker. Roll call vote Councilmen Whitaker aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Mother Lode - Purchase and Sale of Liquor License - City Attorney Kern reported the forms Mother Lode, as required by ~the City and State have previously been submitted to Council on this application. Application by Mr. Gordon Whitmire to transfer the ownership of the Mother ,./ Lode beer, wine and spirituous liquor license. Councilman Scott ~.moved to approve the applicatbn for transfer of ownership of the liquor license of the Mother lode. Seconded by Councilman Comcowich. Roll call vote - Councilmen Comcowich aye; Whitaker aye; Scott aye; Griffin aye; Vare aye; Mayor Homeyer aye. Motion carried. City Manager Wurl and Finance Director Veeder arrived. Aspen Auto, Parking Correction - Mr. Stephan Ware, Attorney, was present representing the Aspen Auto leasee of the premises, Mr. Kelly. Mr. Ware request on behalf of the leasee to extend the Parking installation of ~he curb until August 1, 1971. Installation of the curb at this time will Correction cause a hardship on the leasee due to lack of time in which to locate another location prior to the winter season. Mr. Kelly's lease will expire August 1, 1971. Mr. Kelly re- ported he had not talked to the owners of the property, Mr. Robert K~pp and Mr. Martin Cerise. Question was raised regarding the customer pnly parking sign. City Attorney Kern informed Council the parking cannot be limited as part of the parking is~on public property. Councilman Comcowich moved that the request for delay be granted. Seconded by Councilman Scott. City Attorney Kern stated the owners of the property and leasee should both be notified at the time the City sends out notice of violation. Councilman Whitaker moved to amend the motion that the request be granted when a letter fro Kopp and Ceris is obtained assuring that the construction will be done at the expiration of Mr. Kelly's lease at the expense of either the City or cooperatively with the property owners and the customer parking sign be removed. Seconded by Councilman Vare. Roll call vote - Councilmen Vare aye; Comcowich nay; Griffin aye; Scott aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Council agreed other business with customer parking signs in violation should be notified of the violation. Van's Liquor, Public Hearing Mayor Homeyer opened the public hearing for a retail package Van's Liquor store license. Applicant Sidney P. Mankwitz, location at the corner of Cooper and Original Public Hearing Streets, being a portion of Lots R and S, Block 105, known as 732 E. Cooper. Van's Liquors City Attorney Kern reported to Council all requirements of the City and State have been met Public Hearing by the applicant in his application. Attorney Clinton Stewart was p resent representing the applicant. Applicant was also present and the manager, Mr. Van Mankwitz, son of the applicant. Mr. Stewart gave the background of the applicant as being the owner of the Raytown, Missouri Auto Mart for 20 years. Van Mankwitz is now living in Aspen as a permanent resident. Sidney Mankwitz will be moving to Colorado within a 2 year period. Mr. Stewart reported the appli- cant is solvent, and of a good moral character and will be an asset to the community. Mr. Stewart stated he had researched matters revalent to growth and as would relate to the need~ of the neighborhood. Statistical information was submitted and is part of the file. Further ~r. Stewart reported in 1950 Aspen had 3 retail liquor outlets - Matthews, Aspen Drug and Louie's Spirit House. In 1965 2 retail liquor licenses were granted - The Grog Shop and Crossroads Drug. Since 1965 there have been no additional licenses granted. Mr. Stewart asked that Council seriously consider granting the application.on the fact the needs of the community have not been fully satisfied and such application is deserving to be granted. City Clerk submitted to Council a survey map showing the proposed application a~d all other outlets of all ~ypes in the City limits. Mayor Homeyer reported 2 petitions have been submitted. Petition bearing 398 signatures against the granting of the li6ense And petition bearing 115 signatures for the granting of the license. Attorney Leomard,:Oates was.present representing Magnifico's and Louie's Spirit House. Mr. Oates stated the following: Cannot ever recall where you had to stand in line to buy a bottle of booze in this town. Attorney Oates questioned what does the City consider the neighborhood? Applicant whould clearly show that there is a need. Signatures on the petitio~ against the granting of the license were obtained in a 2 day period. The applicant has had since September 1t to obtain signatures and they obtained Only t10 signatures. Feel the desires of the~n~ighborhood are clearly reflected in that 398 signatures were obtained against the granting of the license. The proposed location is surrounded by residential except for the Bell Mountain Lodge and City Market. Within 3 blocks of the proposed there are 2 outlets, within 4 or 5 blocks there are 3 more existing o~tlets and another 7 blocks is the other one. Mr. Oates questioned the applicant as to where he felt his business would come from. Mr. Mankwitz answered in that district of about 3 or 4 blocks and the entire community as a whole. Mr. Oates questioned Mr. Mankwitz as to what would be unique about his operation as compare~ to existing outlets. Mr. Mankwitz answered he did-not know what the other outlets were selling. Mr. Oates questioned if plans have been prepared of the store when it is completed Mr. Mankwitz answered yes. Mr. Oates questioned if the lodging business would continue in this location. Mr. Mankwitz answered the rooms would be upstairs. Mr. Oates further stat&d when talking about historical early 1950's, there were very few night clubs in the area, now booze can be obtained on almost every corner in the area. Mr. Iacono of the Grog Shop was present and stated based on a permanent population of 5,000, we have one license for every 625 population. In the winter season, during the holidays, there are about 14,000 tourist in town and at this time we have one license for every 1800 of population. Denver's criteria is one license for every 1500 year round residents, Colorado Springs uses 2500 for each license. In Aspen this is a seasonal business and do not feel you have to wait more than 10 minutes in any package store in town. Discovered from th~ wholesalers who service Aspen that there are 25% of the outlets in Aspen on COD basis by the request of the wholesalers. This also includes bars. One wholesale~'house says 50% of the accounts here are on shaky~ground. Feel the City needs a commission to review applications'for license and take into consideration the population:and'needs of.the community. Mr. Miklich of Magnifico's was present and stated the petition against the granting of the application bears signatures that were unsolicited. The people who. signed the petitiom felt the needs are being met. Mr. Robert Capell was present and stated the City should consider future planning in the granting or denying of this application. Understand in the very-near future, the City-may be blessed with a shopping center, either on the railroad property or the industrial center near the airport. If a shopping center is granted, feel would be better off granting a license to someone in that situation. Attorney Stewart stated what prompted this location is the parking problem in-the downtown core area. One or'the reasons was to draw away from the immediate core area. The bar and restaurant licenses have increased from 5 in 1955 to 31 at the present· time'. If the~pop- ulation criteria were used in gspen using 2500 population, Lou-ze s Spmrzt House would be the only retail license. Mr. Thomas Iacono stated he was not afraid of competitign.~but, feel therePshould be some sort of criteria to use in .issuing licenses of all kinds. Wholesalers have indicated there are 6 or 10 licenses in Aspen that will have to be taken to court if not paid up before the winter season, and they are not package stores.~ Councilman Scott moved to close the public hearing. Seconded by Councilman Griffin. Ail in favor, motion carried. ~ ~ Council agreed to table a de~ision on this application until the next regular meeting. Budget, 1971 - Mayor Homeyer opened the public hearing on thebudget for the City of Aspen, Budget, 1971 1971. Manager Wurl~reported to Council the budget as submitted will require the 1.6 mill levy as relates to Rub~y5Park, in addition to the present 2mills. Mr. William Dunaway questioned where the revenue from the County-wide sales tax is reflect- ed in the budget. Manager Wurl reported under Intergovernmental Revenue. Manager Wurl reported the budget will be submitted in published form at the next regular meet ing. Further the budget meets all requirements Of the charter and at the same time provides for continuation of the~present level of. services~and~improvement of some. services Councilman Scott questioned the downtown street mails. Manager Wurl explained he did not feel the City will be ready by 1972 to construct malls. Capital improvements program is reviewed each year and if it is felt this could bedone sooner, then this program would be moved up at that time. Councilman Whitaker questioned the provision.for bridges in tke capital improvements program. Wurl outlined this covers the hospital and Cooper Street bridges. Councilman Comcowich questioned, under the capital improvements program, improvements for Maroon Creek. Manager. Wurl explained we recently obtained ownership of the property where the plant will be built. Some of the preliminary work will be done this year, anticipate letting bids in 1972 as the capital improvements program provides. Councilman Griffin questioned the program for aesthetic street lighting being put off another year. Manager Wurl explained he has extended this for another year, as this item should be tied into the mall program. Joan Lane questioned if the ditches in the West End are being considered. Manager Wurl informed Mrs. Lane the Council had indicated the previous evening they desired $10,000 in the budget for restoring the ditches in the West End. Mr. Dunaway informed Couneil the previous Council voted to go ahead with the Main Street divider strip and authorized construction. Mayor Homeyer raported this is being held over until a firmer plan is mmde of the highway and street design. Manager Wurl expressed his thanks to the City department heads, secretaries and~city pers- onnel for their help in preparing the budget. RESOLUTION #30, SERIES OF 1970 as follows was read in full by the City Clerk. RESOLUTION #30, Series of 1970 WHEREAS, the City Manager, previously designated to prepare the budget has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1971, and ending December 31, 1971: AND WHEREAS, the budget as submitted sets forth the following estimated fiscal data for the year 1971: 1. Revenue and Beginning Surplus a. Surplus bmginning of the year 80,000.00 b. Anticipated revenues all sources 3~099~539.50 TOTAL $3,179.539.50 2. Expense and Closing Surplus a. Expenditure Requirements 3,142,360.00 b. Surplus closing of the year 37~179.50 $3,179,539.50 3. The aggregate expenditure requirements to be divided as follows: General Fund a. General Operating Fund 1,725,260.00 b. Rubey Park Fund 36,045.00 c. Bond and Interest Fund 2,120.00 d. Depreciation Reserve Fund 4~835.00 TOTAL 1,768.260.00 Electric Fund a. Electric Operating Fund 599,488.00 b. Bond and Interest Rate c. Depreciation Reserve Fund 2,400.00 28,562.00 TOTAL 630,450.00 Water Fund a. Water Operating Fund .509,805.00 b. Bond and Interest Fund 150,768.00 c. Depreciation Reserve Fund 12,000.00 $ 672,574.00 Special Assessments Fund a. Improvement District ~63-1 23,727.00 b. Improvement District #66-1 37,523.00 c. Improvement District #67-1 39~200.50 TOTAL $ 100,450.50 Police Pension Fund 7,805.00 GRAND TOTAL $3,179,539.50 AND WHEREAS, the assessed valuation of taxable property for the year 1970 in the City of Aspen, returned by the County Assessor of Pitkin County, Colorado is the sum of $23,t98,400~ AND WHEREAS, the City Council has determined that the proper mill levy upon~ each dollar of the assessed valuation on all taxable property within the City of Aspen is Three and six tenths (3.6) mills. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado: That the budget for the City of Aspen, as submitted, is hereby adopted;, that the estimated budgeted expenditure requirements of $3,179,539.50 is declared to be the amount of revenue necessary to be raised by tax levy and income from all other sources; including surplus at the beginning of the year; to pay the .expenses and certain indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning January 1, 1971, and ending December 31, 1971. BE IT FURTHER RESOLVED that for the purpose of defraying the expenses of the City of Aspen, Colorado during the fiscal year beginning January 1, 1971, and ending December 31, 1971, there is hereby levied a tax of Three and six tenths (3.6) mills on each dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado for the purpose of raising the sum of $83,751.00 which, together with the surplus and revenue from all other so~rces, is estimated to meet budget expenditure requirements and provide reasonable closing surplus for the said fiscal year. Councilman Comcowich moved to adopt Resolution #30, Series of~ 1970 and the same be certified to the Pitkin County Commissioners. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Scott aye; Griffin aje; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Mrs. Joan Lane stated she did not agree with the name of Rubey Park and request CQuncil consider a differ~ent name. Teen Center Teen Center - Discussed the repairs required at the Teen Center to bring the ceilings up to fire code. Cos~tcwould be $3,000.00 Councilman Griffin moved to instruct the C~F Manager to write a letter to Council request- ing supplemental appropriations?for repairs to the ceiling at the Teen Center and the City Attorney prepare the necessary Resolution to be considered at the next meeting. Seconded by Councilman Comcowich. All in faovr, motion carried. Open Space Open Space Report - Manager Wurl reported the appraisal will be completed by November 1. Report Two-hour Parking Report - Manager Wurl reported from October 5th to the 13th, there were 213 warning tickets issued and 69 parking tickets of other violations. Of the 69 tickets written, 45 were ZG, 33 were other. Since October 14th have written 15 tickets on the two hour parking and 4 of other violat- ions. RubeFvPark Rubey Park- Councilman Whitaker moved to authorize the City to do the minimal requirements at Rubey Park for parking. Seconded by Councilman Griffin. Ail in favor, motion carried. Valley Valley Ambulance - Manager Wurl relayed a request to Council from the ambuiance service to Ambulance install three radios in the police department. Chief of Police Ritchey reported the service is attempting to contract with the Ski Corporation. Their fees are base of $25.00 and $1.00 per mite. Discussed the ambulance now owned by the City and County. Council request the Manager check to see if this would come under the PUC and who regulate the rates. August financial report was submitted. Hitchrack Stable request'was submitted by Manager Wurl to use city streets~for horse Hitchrack drawn sleighs. Manager~Wurl to check out whether a PUC license is required. Stable Mr. Wurl request authorization to include in the 2 hour parking zone: Durant from Galena 2-Hour to Hunter; Hunter from Durant to Cooper; and Cooper from Hunter to Spring. Also ratifi- Parking cation of the existing 2 hour- parking area. Councilman Griffin moved to approve the additional 3 blocks in the 2-hour parking and, ratify the existing 2-hour parking zones. Seconded by Councilman Scott. All in favor,~with the exception of Councilman Whitaker. Motion carried. ORDINANCE #21, SERIES OF 1970; AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF Ordinance #21 ASPEN, COLORADO, DATED MARCH 6, 1967 AS AMENDED, AND RE-ZONING CERTAIN AREAS SURROUNDING Re-Zoning THE ASPEN INSTITUTE COMPLEX AS R-6 AND R-15, hearing on the ordinance was opened by Mayor Homeyer and was read by title only by the City Clerk. Mayor Homeyer closed the public hearing, there being no comments. Councilman Scott moved to adopt Ordinance ~21, Series of 1970 on second reading. Seconded by Councilman Whitaker. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; S~tt aye;_Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE #22, SERIES OF 1970 AN ORDINANCE AMENDING SUB-SECTION~b DF SECTION 1.2', CHAPTER 1 Ordinance #22 OF TITLE 8 OF THE OFFICIAL CODE OF THE CITY OF ASPEN, AS AMENDED REQUIRING THE CONSTRUCTIO~ Sidewalks, Curbs OF SIDEWALKS, CURBS AND GUTTERS {N THE AR-2. ZONED DISTRICT AND REQUIRING A SIX INCH (6") & Gutters VERTICLE CURB AND GUTTER, hearing on the ordinance was opened by Mayor Homeyer and the Ordinance was read by titl.e only by the City Clerk. Mayor Homeyer closed the public hearing on the ordinance, there being no comments. Council- man Whitaker moved to adopt Ordinance #22, Series-of~ 1970 on second reading. Seconded by Councilman Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin. aye; Scott aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE #23, SERIES OF 19.70 AN ORDINANCE AMENDING SECT~IONS 6-AND 7 OF GHA.~TER 3, TITLE Ordinance #23 V OF THE OFFICIAL CODE OF THE CITY OF ASPEN, AND COMBINING SAID SECTIONS, RE-~ESTABLISHING Board of EXAMINATION STANDARDS AND PROCEDURES FOR THE BOARD OF APPEALS AND EXAMINERS, was read by ~.'~ ~Examiners & ., title only by the City Clerk. Appeals Mayor Homeyer closed the public hearing. Councilman Comcowich moved to adopt Ordinance #23, Series of 1970 on second reading. Seconded by Councilman Griffin. Roll call vote ~ Councilmen Scott aye; Whitaker aye; Griffin aye; Comcowich aye; Vare aye; Mayoz Homeyer aye. Motion carried. Mayor Homeyer opened the public hearing on Ordinance #24, Seriem of 1970. ORDINANCE #24, SERIES OF l~70 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 THE PURPOSE OF .PROVIDING FUNDS WITH W~ICH 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 was read by title only by the City Clerk. Councilman Whitaker moved to adopt Ordinance #24, Series of 1970 on second reading. Seconded by Councilman Comcowich. Roll call vote - Councilmen Comcowich aye; Vare aye; G~iffin aye; Whitaker aye; Scott aye; Mayor Homeyer aye. RESOLUTION #25, SERIES OF 1970 as follows was read in full by the City Clerk. Resolution #25 Transfer of RESOLUTION NO. 25 Funds WHEREAS, the City Manager for the City of Aspen has come, by written request, and sub- mitted for consideration the transfer of certain iunencumbered funds from the budget of the Street Department (Account No. 120-510) to the budget Of the Planning and Zoning ~ Commission (Account No, 109). AND WHEREAS, the transfer of this appropriation in the amount of TEN ~.THOUSAND ($10,000 DOLLARS from the Street Department Fund to the Planning and Zoning Commission Fund is in accordance with authority granted under the~Home Rule Charter for the City of Aspen, ~ AND WHEREAS, the funds requested for transfer are unencumbered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado that TEN THOUSAND ($10,000) DOLLARDS OF WNENCUMBERED appropriations in the Street Department Fund, Account No. 120-510, be and is hereby transferred to the Planning and Zoning ~ Commission Fund, Account No. 109~ in the following manner: ~ PLANNING AND ZONING ~ Account Number Appropriation 109-100 Personal Services Salaries-Regular 6,600.00 Salaries-Temporary 1,000.00 Contractural Services 109-200 Communications 109-201 Printing 109-202 Travel & Conferences 150.00 109-215 Dues-Subscriptions Supplies 109-300 Books, Periodicals 190-301 Office Supplies 150~00 109-399 Miscellaneous Supplies 50.00 Other Charges 109-403 ~ FICA 288.00 109-403.2 Life Insurance 36.00~ 109-413.3 , Hospital Insurance 46.00 Capital Outlay 109-501 Furniture and Fixtures 1,100.00 109-502 Office Equipment 580.00 10,000.00 Councilman Whitaker moved to approve Resolution #25, Series of 1970. Seconded by Councilman Vare. Roll call vote Councilmen Griffin aye; Scott aye; Vare aye; Comcowich aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Resolution #26 RESOLUTION #26, Series of 1970~as follows was read in full by the City Clerk. Amendments RESOLUTION #26 WHEREAS, there will appear on the November, 1970 General Election ballot proposed Constitutional-Amendments 1, 2 and 3; and WHEREAS, Amendment 1 Would modernize state administrative practices by authorizing the Governor to appoint and remove a Governor's Cabinet consisting of heads of principal departments, thus promoting more responsive and responsible government; and WHEREAS, Amendment 2 would modernize practices relative to the state personnel~system based on meri.t and WHEREAS, Amendment 3 is designed to strengthen and modernize Colorado local government by: 1. Permitting establishment upon vote of the people of service authorities to provide services on a~regular basis, 2. Permitting counties upon vote of the people to adopt home rule charters establishing the organization of county government tailored to local desires and needs, 3. Removing various actual or possible constitutional restrictions on intergovernmental administration, 4, Removing the two year term of office limitation on electedlofficials serving in statutory cities and towns, and 5. Providing that the people in any city or town may adopt home rule. NOW, THEREFORE, BE IT RESOLVED by the City council of the City Of Aspen, Colorado, as follows: 1. That the City of Aspen goes on public record as-endorsing and supporting adoption of Constitutional Amendments 1, 2 and 3. 2. That the City of Aspen urges its citizens to become acquainted with and vote fOr Amendments 1, 2 and~3. 3. That the Mayor and members of the Council shall communicate-this message of support to citizens through direct communication, news media and civic organizations. 41 That a copy of this Resolution be mailed to the Colorado Municipal League Office. Councilman Vare moved to adopt Resolution #26, Series of 1970. Seconded by Councilman Griffin. Roll call vote Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Real Estate Real Estate Sales Wax -'City Attorney Kern read correspondence from the Assistant Attorney Sales Tax Gem~ral~stating he wished City Attorney Kern to research this and let the Attorney General's office know what is fOund. RUbey Park Rubey Park Closing - councilman Scott moved to authorize the City Attorney to continue Closing with the closing of the sale and authorize the necessary costs for the closing, Seconded by Councilman Griffin. Roll call vote - Councilmen Comcowich aye; Griffin aye~ Vare aye; Whitaker aye; Scott aye; Mayor Homeyer aye. Motion carried. Councilman Griffin to submit a proposal on 7business licensing based on the sliding scale at the next meeting. Councilman Griffin moved to thank the City Manager and~Finance Director for holding the li~e on the mill levy. Seconded by Councilman Whitaker. Ail in favor, motion carried. :t086 Regular Meeting Aspen City Council October 14, 1970 Councilman Vare moved to go into execut~e session at 7:15 P.m., seconded by Council~n Scott. Ail in favot, motion carried. Council rec0nvened into regular session at 7:30 p.m., whereupon Council~n Scott moved to adjourn, seconded by Co~cil~n Griffin. Ail ~ favor, meet~g adjourned. Correction to minutes at Page 1082, Paragraph 9 Council~n Comcowich questioned, under the capital improvements program, improvements for Maroon Creek. Manager Wurl expla~ed we recently obta~ed permission from the owners of the property where the plant will be built tO do some prelim~ary eng~eering work this year, anticipate letting bids in 1972 as the ~.apital improvements program provides. --L~orraine Graves, City Clerk