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Home My WebLink Aboutminutes.council.19701026tRegular Meeting Aspen City Council ' . .Octobe~ 2~ 1970 ilMeeting was called to order by Mayor Eve Homeyer at 4:05 p.m. wzth Counczlmen Wzll~am !Comcowich, Ross Griffin, Fitzhugh Scott III, Jack Walls, Franczs Whztaker, Czty Attorney !iAlbert Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. iCouncilman Whitaker moved to approve the minutes of October 14th as prepared and mmiled by Minutes ,~the City Clerk. Seconded by Councilman Griffin. Ail in favor, motion carried. itCouncilman Walls moved to approve and ratify the action taken at the RSA meeting held on i!October 22, minutes as prepared and mailed by the Recording Secretary. Seconded by Council- !~man Scott. Ail in favor, motion carried. !tPurchase and Sale of Liquor License - Application submitted in the trade name of the Liquor License ~on~oizer. Gondolier !iMr. Michael Fitzgerald, Attorney, was presmnt representing the aPplicants. Mr.~ Fitzgerald stated lease is submitted with an'option to buy. Applicant is in possession and working on the premises, previous owners have gone defunct. The financial questionnaire was submitted by both parties named in the application -Paul Longo and John~Lombardi, Jr. City Attorney reported the questionnaire on John Lombardi, Jr. is not in the file submitted and must be submitted under the City's regulations. Mr. Fitzgerald repo~ted the premises were formally Under the name of Michele's, V & S Corporation. Since that time, the assests have been purchased by the applicant. Mr. ~ongo is from Wheatridge, where he owned and operated a liquor store, will be moving family to Aspen as soon as housing is found. Mr. Lombardi was a resident of Arvada, where he was.~ working for A & M Printing Company of Denver. This ~pplication is filed as a general partnership, each partner having equal ownership and equal responsibility. Intend to operate an Italian restaurant. Mr. Canino of Toro's is a relative of ~r. Longo and family has restaurants in Denver. Councilman Sco~t moved to grant this application contingent UPOn the filing of the queption. naire by Mr. Lombardi and said questionnaire showing no violations of the Statutes. Seconde~ by Councilman Griffin. Roll call vote - Councilmen Comcowich aye-; Griffin aye; Scott aye; Walls aye; Whitak~r aye; Mayor Homeyer aye. Motion carried. Attorney William Nelson.was present representing City Mar~e~. Request ~ouncil allow a re~ Liquor License hearzng on the applzcatzon for a 3.2 retail license for C~ty Market. ~lsunde~stood and was City Market not present at the hearing held by C0un¢il, request to be heard on thzs applzcation. Agreed to proceed with posting and publication for the re-hearSng on this application. !Councilman Comcowich moved to grant a. re,hearing on the City Market application. Seconded iby Councilman Scott. Ail in favor, motion carried. iRegional Service Authority, City~Repres~ntatives~ Councilman' Comcowi~h stated he did not RSA, City wish this ~o be left up in the air as to the terms of the City's representatives to the Representativ~ RSA Board. Agreed a problem exists in that the terms:were not specified. iCouncilman Scott stated he felt setsstandards should be set down for appointment and re- !moral for all boards and commissions. City Attorney Kern reported under the City Charter, no member of the City Council may serve on any permanent board or commission, therefore, the lISA cannot be considered as a board or commission. Councilman Walls moved that the RSA members as presently situated continue with terms to expire the 1st of June, 1971. Seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Van's Liquor - Mayor Homeyer reported Attorney Stewart representing the applicant had submitted criteria Council can consider in denying ~or granting a license. City Attorney Kern called to Council's attention no new evid~mce can be submitted, public hearing was closed on October 14th. Liquor Committe Cou~ci% agreed a special meeting should be called to review standards for the issuance of licenses of all types. Councilman Whitaker suggest a committee be formed to study this problem. Councilman Whitaker moved that a committee be formed of 3 members of the City Council; 3 members of the liquor industry; liquor control officer; City Attorney and City Manager. Seconded by Councilman Griffin. Roll call vote - Councilmen Scott aye; Griffin aye; Comcowich aye; Walls aye; Whitaker aye; Mayor .Homeyer aye. Motion carried. Van's Liquor Councilman Griffin moved to table a decision on Van's Liquor u~til the next regular meeting of November 9th. Seconded by Councilman Wa%ls. Roll call vote Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Liquor Committee The following members were named to the committee: Ross Griffin, Chairman; Jack Walls, Fitzhugh _Scott III, Adolph Miktich and Thomas Iacono. Chairman Griffin to appoint some one owning a bar and restaurant license. Special Meetinj Councilman Scott moved that a special meeting be held next Monday at 5:00 p.m. to take up outstanding business of the Council. Seconded by Councilman Whitaker. Ail in favor, motion carried. Business Business Licensing - Councilman Griffin recommended the Council consider the business Licensing license to cover all businesses, professional and services but to exclude thosebusinesses now paying the franchise, tax. Fee would be based on the gross receipts of the business on ~ sliding scale Ss follows: S12.50, gross receipts $50,000; $25..00, gross receipts S100,000 $75.00, gross receipts $200,000; Sl00.00 gross receipts $300,000 and over. City Attorney Kern reported this is not a tax but a ~control of businesses. Mr. Kern report-l! ed he would prepare an ordinance for consideration at the next regular meeting.. Marathon Race - Councilman Scott relayed a request to Council from Dr. Massucco for permission to use the City.streets for the race on Sunday, November 8th at l:00 p.m. Map of the route to be followed was submitted. Chief Ritchey reported he had been contacted and would be on hand at all intersections during the race. Councilman Comcowich moved to grant this request. Seconded by Councilman Griffin. All in favor, motion carried. Budget reports were submitted. Rate Increase Manager Wurl relayed a request to join with the City of Montrose in fighting the Rocky Rocky Mountain Mountain Natural Gas rate increase. Natural Gas Councilman Griffin moved to pay the City of Montrose on this request. Seconded by Council- man Walls. Roll call vote - Councilmen Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Alley - Block Mr. George Vicenzi was present and request the Council consider vacating the alley in 23 Block 23. Request being mmde due to the following: (1) alley ham never been used as sach; (2) alley has no function, fenced off at both ends, Historical Society garage in the middle of the alley; land can be more useful to the adjacent property owners. ~ ~. City Attorney gave the following background: The Probate Judge after the patent was issued deeded out the entire block to Paepcke; Paepcke deeded the block to the Aspen Company; deeds included the alley; up to 1947 the alley has_always been deeded; Aspen Company deeded Lots H & I to Bert Bidwell and Mayor's deed~was obtained by Bidwell in 1959. The Aspen Company deeded the remainder of the lots to Walter Pa~pcke not including the alley. Walter Paepcke turned the property over .to the Aspen Institute who in turn deeded to Ristorical Society. This left the alley in the name of the Aspen ~Company. Mr. Kern recomme~ the City not become involved. Negoiations on the alley are between the adjacent ~roperty owners and the Aspen Company. Mr. Vicenzf stated the Transamerica Insurance Company stated the alley is in City property. Councilman Comcowich moved as per Attorney Kern's recommendation and Ghat the first time a deed was issued the alley was deeded, the City not become involved. Seconded by Council- man Griffin. Mr. Vicenzi stated he felt Mr. Kern has a conflict of interest as he represents the Historical Society, feel the City should obtain another opinion. Roll call vote Councilmen Walls aye; Comcowich aye; Whitaker aye; Griffin aye; Scott aye; Mayor Homeyer aye. Motion carried. Two-hour Parking - Manager Wurl relayed a request to the City Council on the part of the Mountain States Telephone for special permit or disposition for telephone trucks in the two-hour parking zone when on service calls. Chief Ritchey submitted a memo to Council outlining the Grand Junction ordinance which provides for this type of arrangement. Mr. Krill of Mountain States Telephone was present and stated the telephone company would be willing to pay for special permits. Manager Wurl recommend the fee for permits be ~in proportion to the fine now charged. Councilman Scott moved to request Manager Wurl work out an administrative plan similar to Grand Junction ordinance setting up suggested price of permit and restricting same to those who pay the franchise tax to the City. Roll call vote - Councilmen Comcowich aye; Griffin aye; Scott aye; Walls nay; Whitaker nay; Mayor Homeyer aye. Motion carried. Sidewalks - Discussed the plowing of sidewalks. Manager Wurl outlined the ~following Sidewalks problems in enforcing ~the present ordinance: (1) When did it quit snowing; (2) Not all Snow Removal of the downtown area has sidewalks; (3) absentee owners. Manager Wu~l to submit for Council's ~consideration the cost of plowing sidewalks. Lost and Found Policy - Manager Wurl suggest Council consider that anything found by a Lost & Found person, if nog claimed within 6 months, be returned to the finder. Policy Discussed whether guns and contrband items should fall in this policy. Councilman Griffin moved to fix the pplicy that articles, excluding contraband, after six months be advertised by the City twice in the local paper and if not claimed be re- turned to the finder. Seconded by Councilman Scott. Roll call vote - Councilmen Whitaker ~ aye; Walls aye; Scott aye;~ Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried, v M~tro Sewer District Request - Manager Wurl reported the district ~is asking for a Metro Sewer waiver of.the deadline on street cuts. They have 3 or 4 line extensions they have not District completed. Manager Wurl further reported he had sent a letter to the District, copies Request submitted to Council, voicing the City's concerns relating to previous cuts in the streets. Councilman Whitaker moved that the waiver on st=eet c~ts as outlined from the Metro Sanitation District be authorized and Council supports the attempts of the City Manager and City Engineer to get Metro District to do a proper job as outlined in Leon Wurl's letter to the district. Seconded by Councilman Scott. Manager Wurl suggest the City contact the Municipal League as to possible changes in the s~atutes as to districts paying permit fees and responsibility as to conditions that exist when they are finished with a street cut. Roll call vote - Councilmen Gmiffin aye; Scott aye; Comcowich n~y; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Registered Warrants - Manager Wurl submitted a breakdown to Council. Registered Warrants Traffic Signal Report - Manager Wurl reported sometime ago the City requested the Highway Department make a study of Mill and Main. Report shows the traffic signal at this inter- Traffic Signal section is warranted and justified. Traffic Signal would take 3 or 4 months to install Report and would be no cost to the City. Mr. Wurl reported the City Engineer sent to Council a memo recommending that we authorize the State to~do a study of one way streets and traffic circulation. Study would cost $364.00. Council authorized Manager Wurl to contact the State Highway to proceed with the traffic circula~on study of the downtown area. Leased Parking - Manager Wurl submitted map and names of property owners to which letters Leased ~ have been'sent asking if they would be interested in leasing their property for parking Parking during the wintem season. Results of the letters will be submitted to Council when received. Rubey Park Manager Wurl submitted letters requesting supplemental appropriation for Rubey Park and the Teen Center. City Attoreny Kern reported the closing on Rubey Park is set for October 30th. RESOLUTION #31, SERIES OF 1970 as follows was read in full by the City Clerk: RESOLUTION ~31 Series of 1970 Resolution #31, Series of 1970 WHEREAS, the Cit-y Manager for the City of Aspen has come, by written request, and submitted for consideration the transfer of certain unencumbered funds from the budget of the Contingency (Account No. 129-490) to the budget of the Land Acquisition Including Open Spane and Capital Improvements Fund (Account No. 70-710-500). AND WHEREAS, the transfer of this appropriation in the amount of TWELVE THOUSAND FIVE HUNDRED DOLLARS (12,500.00) from the Contingency Fund to the Land Acquisition Including Open Space and Capital Improvements Fundc~is in accordance with the authority granted under the Home Rule Charter for the City of Aspen, AND WHEREAS, the funds requested for transfer are unencumbered, AND WHEREAS, the expenditure could not be foreseen at the time the Budget was adopted, NOW, THEREFORE, BE IT RESOLVED by the C~ty Council of the City of Aspen, Colorado that TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) of unencumbered appropriations in the Contingency Fund, Account No. 129-490, be and is hereby transfermed to the Land Acquisition Including Open Space and Capital Improvements Fund, Account No. 70-710-500, in the following nmnner: Account Number Appropriation 70-710-500 Land Acquisition $12,500~.00. Councilman Comcowich moved to adopt Resolution #31, Series of 1970. Saconded by Council- man Griffin. Roll call vote - Mayor Homeyer aye; Councilmen Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Motion carried. It was pointed out a portion of the bonds for Rubey Park were purchased by the Bank of Aspen. RESOLUTION #32 Resolution #32 Series of 1970~ Series of 1970 WHEREASM the City Manager for the City of Aspen has come, by written request, and submitted for consideration the transfer of certain unencumbered funds from the budget o~f the Contingency (Account No. 129-490) to the budget of the Land Acquisition Including Open Space and Capital Improvements Fund (Account No. 70-720-511.) AND WHEREAS, the transfer of this appropriation in the amount of THREE THOUSAND DOLLARS ($3,000.00) from the Contingency Fund to the Land Acquisition Including Open Space and Capical Improvements Fund is in accordance with the authority granted under the Home Rule Charter for the City of Aspen, AND WHEREAS, the funds requested for transfer are unencumbered AND WHEREAS, the expenditure~could not be foreseen at the time the Budget was adopted, NOW, THEREFORE~, BE IT RESOLVED by the City Council of the City of Aspen, Colorado that THREE THOUSAND DOLLARS ($3~,000.00) of unencumbered appropriations in the Contingency Fund, Account No. 129-490, be and is hereby transferred to the Land Acquisition Including Open Space and Capital Improvements Fund, Account No. 70-720-511, in the following manner: Account Number Appropriation 70-720-511 Buildings and Structures $3,000.00 Councilman Walls mo~ed to adopt Resolution #32, Series of 1970. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Bass Bass Property - City Attorney Kern reported he had talked to the exemption officer at the Property State Capitol who states the City would be exem pt on the p=operty tax if a long term lease exists. The County Assessor and County Commissioners should be notified. Councilman Comcowich moved we have Mr. Bass tender his original offers. Seconded by Council- man Griffin. Roll call vote - Councilmen Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Pitkin Iron Pitkin Iron Mine Suit - City Attorney Kern reported a copy of the brief filed by Attorney Mine Suit Ralph Clark has been received. Two weeks ago, Mr. Kern reported he had received a telephone call from Robert Delaney suggesting that he would send a letter that the City along with th 1090 Regular Meeting Aspen City .Council Qctobmr 26:~1970 Colorado Board of Health and Water Pollution Control Board set up standards that would be acceptable to the City and applicable to all people living on the Castle Creek River. Council authorized Sanitarian Kinkade to work with the Board of Health and Colorado Water Pollution Control Board as relates to standards for Castle Creek that would be acceptable to the City as well as applicable to all people living on Castle Creek. Councilman Scott moved to adjourn at 6:45 p.m., seconded by Councilman Griffin. Ail in favor, meeting adjourned. .... L~rraine Graves, City Clerk