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HomeMy WebLinkAboutminutes.council.19701214 Regular Meeting Aspen City Council December 14~197( Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Fitzhugh Scott Iii, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. Griffin moved to approve the minutes of November 23rd as amended and prepared and mailed Minutes by the City Clerk. Seconded by. Councilman Walls. Ail in favor, motion carried. Councilman Walls moved to approve the minutes Of NOvember 30th as prepared and mailed by the City Clerk. SecOnded by councilman Vare. All' in favor, motion carried'. Councilman Walls moved to approve the minutes of December 7th as prepared and mailed by the City Clerk. Seconded by Councilman Griffin. All in favor, motion carried. Councilman Walls moved to approve the accounts payable as ubmltted. Seconded by Council- Accounts Payable man Griffin. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Mayor's Deed to Pauline and David Hasty, Lot D, the East 22 feet of Lot C, the West 7 feet Mayor's Deed of Lot E, Block 65 was submitted to Council and reported by the City Attorney and City Block 65 Engineer to be in order. Councilman Vare moved to approve the Mayor's Deed as submitted. 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. Mr. Glen Cramer representing the Aspen Business and Professional Association was present and stated, to Council the Association is concerned with the dirt and debris on the side- walks and streets in the downtown area which reflects a bad image of Aspen. Propose the City provide for the cleaning of the sidewalks in the downtown area. The Association iS checking into the cost of a vacuum cleaner for this purpose. 1107 ~egular Meeting Aspen C~y Council December 14, 1970 Aspen Business Manager Wurl explained his office has been checking for a long time the different typ~s & Professional of vacuum sweepers and costs of vacuuming the streets. No one had advocated, until now, Association the cleaning of the sidewalks. With a vacuum sweeper~would only be able to clean part of ~ Sidewalk the sidewalk, due to the buildings protruding in places into the sidewalk area and also Cleaning the basement loading shoots in the sidewalks. It is unfeasible and inefficient to' close one block at a time for cleaning. Lack the personnel and cannot sprinkle the streets in the winter time which is required with the sweeper. It was pointed out the City has agreed to plow the sidewalks this winter season. Also pointed out, the responsibility of cleaning the sidewalks of debris whould be the business themselves. In the winter time when the intersections are sanded, this freezes and cannot be gotten up. Councilman Com¢owich moved that a little more stringent enforcement be made of the ordinances relatzng to sidewalk responsibility and vacant lots. Seconded by Councilman Whitaker. Ail in favor, motion carried. City Market Mayor Homeyer opened the public hearing of City Market, Inc. rehearing allowed by Council 3.2 Beer of City Market, Inc. a wholly owned subsidiary of Dillon Companies Inc. dba City Market Rehearing ~16. Application made for a 3.2 Retail Fermented Malt Beverage License for sale and consumption off the premises. Hearing on the application was held on September 28, 1970, applicant did not appear. It was reported at the hearing all technical requirements had been met. Survey map was pre- sented. At that time Mr. Miklich of Magnifico Liquors, Mr. Hose of Pinocchio's and Mr. Thomas Iacono of the Grog Shop appeared and gave oral remonstrances and objections to the issuance of the license. Mr. Curtis Baar filed a written remonstrance objecting to the license. Following the hearing Council determined they would deny the application. City Market requested a re-hearing which was granted by Council for this date, in order for City Market to make their presentation. Re-posting and re-publication have been done by the City Clerk as required. Mr. William Nelson, Attorney, was present representing City Market. Mr Nelson stated there are two 3.2 beer outlets in the City - Tom's with sales off the premises only and Pinnochio's with on and o~f the premise sales. Mr. Prinster, City Market Representative, stated the background of City Market as being in this area for many years, western Colorado people and have had this market since the first of July. Have been remodeling, apologize for the inconvenience and esthetics. Trying to provide a store that the local people and tourists can receive the best service. Did have an incinerator that City Market has voluntarily gotten rid of. Now have an inside trash area. In back of the building will make this esthetically pleasing. Will be re-doing the front next year and possible re-do the planters with the City's approval. Licenses being requested, is a 3.2 license that is common in markets. Women do not like to go into liquor ~tores to buy beer. Have had requests for beer. In all the City MarRets where beer is sold, have never had a complaint on sel~ling to under aged people. Our competitors have the license and feel it is right for us to have this. Bonnie Hart stated it simply makes good sense to buy beer in the grocery store. It is inconvenient to have to go to another store. Dean Hedges, local manager, submitted 5 books bearing 494 signatures. Reported the books were at~f~ve check out stands in the store stating, ~e ~reapplying for a 3.2% beer license. Please help us by signing your name. T~ank you." Mr. Hedges reported they did not solicit everybody, waited until they were asked for beer and then asked if they would mind signing their name to help City Market in gaining a license. Alot of people asked where they could buy beer, and then stated the inconvenience in having to go to another store. Have been in t.he grocery business~for 27 years and in all s~ores carried 3.2 beer license. People want to buy their beverages when they buy their groceries. Attorney Nelson stated the City is attempting to eliminate traffic in the downtown area. One way to eliminate traffic is to cut down the number of stops a person makes. One way to avoid traffic is buying beverages when you buy groceries. City Market's location is next to accommodations for tourists and it would certainly be a convenience to them. Pat Sommers, Gerbazdale, stated onee.~a week she buys her groceries and takes her three year old with her. Do not relish taking a three year old into the liquor stores. Write a check for the groceries and do not want .to have to write'two checks. Mrs. McAndrews, Buckwheat. Apartments,>stated she has three children under four years and have a limited time in which to shop. Cook with beer and to buy beer at the same time am buying groceries is easier and convenient. Marlene Holander stated she feels it would be a convenience. 1108' I ~gular Meeting Aspen Cit Councilman Whitaker stated he did not agree with petitions being submitted at this time. City Market Applicant had every opportUnity to be.present at the'original hearing to present their 3.2 license case. Public Hearing City Attorney Kern reported the CounCil agreed~with the rehe ring. Posting and publications have been made. Councilman Comcowich stated the Council is charged with the responsibility of need. Was opposed t° this license since the applicant did not appear at the original hearing and treated this as a routine matter. Statements have been made today to show that there is a need. Mayor Homeyer suggest Council table a decision on this application until the next regular meeting. Mr. Hose, Pinnochio's, stated the needs of the community for 3.2 beer are being met. Pinnochio's is only a block and 1/2 from City Market when you are speaking of convenience. iHave returnable bottles. !Mr. Curtis Baar, owner of Tom's Market stated he has many requests for liquor and wine in the store but have never applied for such a license. ICouncilman Walls pointed out the basic criteria is need not convenience. It has been stated there is a need for a 3.2 nightclub for teenagers, not a package store. Councilman Scott stated convenience is shown here as meaning desire. By statutes need and desire are legitimate criteria. Owner of the Blue Spruce Lodge stated alot of people do not want to frequent Pinocchio's, so feel we need more than one other outlet. Councilman Griffin pointed o~t the State says we can consider competition. Councilmmn Whitaker pointed out people from out of state are confused and have a mistaken impression because they are getting 3.2 beer and not 6% beer. Mr. Thomas Iacono, Grog Shop, stated if all outlets in the neighborhood are so crowded you have to wait an unreasonable length of time, the needs are not being met. License should not be granted for convenience. Pat Sommers stated people are drinking in Pinocchio's and do not want to take children in where people are drinking. Mayor Homeyer closed, the public hearing. Council agreed to table a decision until the next regular meeting on~ December 28th. Noon Whistle - Mr. Delbert Copley of the Fire District was present and informed Council, Noon Whistle the City has no authority over~ the Fire District. The fire siren is blown at noon to check its' functioning properly. This is a part of the old heritage of Aspen and feel people woul be lost without it. Mr. Jack Depagter was present and stated in 1927 on Halloween, 7 houses burned down because the siren did not work; it was then decided to keep the noon whistle. Councilman Scott m~ved that the City rescind prior motion requesting the Fire Department to discontinue the noon whistle. Seconded by Councilman Comcowich. Ail in favor, motion carried. Resolution #21, Series of 1970 was read in full by the City Clerk. Resolution #21 Richard Kienast Councilman Vare moved to adopt Resolution #21, Series of 1970 as read. Seconded by Council- man Scott. Ail in. favor, motiOn carried. Formal resolution was presented to Richard Kienast. Resolution #27, Series of 1970 was read in full by the City Clerk. Resolution #27 Robert Thorpe Councilman Comcowich moved to adopt the resolution as read. Seconded by Councilman Walls. Ail in favor, motion carried. Mayor presented formal resolution to Robert Thorpe. Resolution #28, Series of 1970 was read in full by the City Clerk. Resolution#28' Richard Hall, Councilman Walls moved to adopt the resolution aa read. Seconded by Councilman Griffin. Jr. Ail in favor, motion carried. Mayor Homeyer presented a formal resolution to Richard Hall, Jr. 1109 R~? M~.e~in~ Aspen Ci~y~0uncil December14, t970 Election Election Commission - Councilman Griffin moved to table the election commission until the Commission next regular meeting. Seconded by Councilman Comcowich. Ail in favor, motion carried. Council Priorities - Councilman Walls outlined his priorities as follows: (1) Establishment of planning priorities with task force and planner. (a) Zoning ordinances revised. (b) Building codes revised. (c) Follow through with enforcement under the zoning and building codes. (d) Open space and future land acquisition. (2) Better. law enforcement relating to local drug problems. (3) Underground electrical for entire City. (4) Planning of storm sewer system for commercial area and then rest o~f City. (5) Ail remaining streets paved. (6) Alley paving in commercial areas and AR zones. (7) Tree planting~program for the entire City. (8) Plan for future sewer and electrical systems under City jurisdiction. (9) Expansion~f City and County services. Councilman Whitaker stated he had the following in addition to Councilman Walls list: (1) Requirements of setbacks etc. to protect the Roaring Fork River. (2) Design review. Councilman Scott reporte&he would like to add the following to the list: (1) Planning and Environmental ContrOl (Feels Council is remiss at budget time in not providing enoUgh funds for those departments that~ relate to planningand environ- merits). (2)~Whole concept of growth control, Councilman Griffin a~dded the following: (1) Continuation of development of water resources. (2) Continue park improvements and lanR~for parks even outside the City. (3) Review of the AR zones. (4) Stream boundaries. (5) Investigate additional~ sources or, revenue such~ as taxing of services. Perhaps the Ski Corporation could contribute to the City in the ~ay of a tax on lift tickets. Councilman Comcowich Stated he had prepared his list on the basis of those priorities that could be accomp~lised~by this Counnil, List is~ as follows: (1) Utilization of Maroon Creek water. ~. ~, (2) Enforcement of ordinances specifically build'ing ordinances. (3) Traffic flow downtown, ~ehicular and,pedestrian, ~ (4) Electrical acquisition and underground. Councilman Vare submitted the ~following to add to the list: (1) Goals task force. (2) Planning (a) Regional '(b) Urban (3) Environment (Perhaps a form that all developers or contractors fill out stating their projects impact on the community) (4) Ecology action~program. '~ ~ (5) City Council organization (Joint meetings with the County) (6) Creation of land trust. (7) Should publish agenda for both City and County. ~ (8) C~eation of an ombudsman office. (9) Make it known that the citizens have a means of protecting the environment. (10) Loan policy so the City can do things which are not budgeted for. Councilman Whitaker pointed out the~Planning and Zoning Commission some time ago held a public hearing on stream margins. Councilman Walls moved Council request the Planning and Zoning Commission proceed with their recommendation to Council on stream margins. Seconded by Councilman Comcowich. All in favor, motion carried. Mayor Homeyer reported her list included annexation, housing code, liquor code, Parking and transportation. Council request Manager Wurl to compile the priorities into One list. Councilman Walls moved that the series of priorities be on the next agenda and a considerable amount of time be spent in establishing priorities in 1, 2, 3, etc. form. Seconded by Councilman Comcowich. Ail in favor, motion carried. Council agreed~to meet on December'21st'at 4:00 p.m. to consider'the priorities. Open Open Space Report - Councilman Vare and Mr. Bruce Thomas submitted their report on open Space Report space including history of the open space planning staff; recommendations'~ resources and appendices comprised of publicity, sales tax ordinance and map. 1110 Reg,!ar Meeting Aspen City Council December 14, 1970 Resolution #34, Series of 1970 as follows was read in full by the City Clerk; Resolution #34 Bruce Thomas Resolution No. 34 (Series of 1970) WHEREAS, BRUCE THOMAS has through his untiring efforts and devotion to the pres- ervation of open space in the Aspen Community provided the City of Aspen with aid and resources toward the fulfillment of its goals. AND WHEREAS, through his endeavors, and the d~di.cation of his time he contributed to the passing of the sales tax, legislation for land acquisit'ion and open space. AND WHEREAS, the assistance and dedication providedby him is of benefit to the citizens of this community. NOW, THEREFORE, BE IT RESOLVED that in recognition of the above, this resolution commending the service of BRUCE THOMAS, be spread upon the public records of this City and a copy be presented to BRUCE THOMAS~in e~idence of the appreciatfonof the City of Aspen for his contribution. Discussed including, the names of Dr. Harold Whitcomb, ~John'Huebinger, John Doremus and Open Space John McBride who also worked diligently on the open space project. Council a~so stated Project they wished to recognize and commend City Attorney Albert Kern, City Manager Leon Wurl and Mayor Eve Homeyer who gave diligently to the purchase of this land. Councilman Comcowich moved to include in Resolution #34, Series of 1970 the names of Dr. Harold Whitcomb, John Huebinger, Jo~ Doremus and John McBride and move the adoption Of Resolution #34 as amended. Seconded by Councilman Scott. Roll call vote Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer abstain. Mayor Homeyer stated she would like to thank all the citizens of Aspen in the passage of the 1% sales tax enabling the City to purchase the golf coumse area for open space. Councilman Comcowich introduced a resolution app=~ving the Woody Creek Development Woody Creek Companies project for housing. Development Companies City Clerk read resolution in full. Councilman Comcowich stated he in no way has a Housing financial interest in this project; 'feel this is a p~oject that is government controlled Project and we know will be employee housing. Councilman Comcowich moved to ad, pt the Resolution as read. Seconded by Councilman Walls. It was pointed out the Planning and Zoning Commission does not agree with this project, their criticism is the location and also not included in the Master Plan. It was pointed out the Council is unfamiliarwith this proj,eCt. Attorney Stephan Ware who represents the development company stated~ this project is on 50 acre parcel purchased from Sullivan Vagneur. Project will include 10 acre buffer of open space that will be dedicated to the p o3ect. Mr. Herb Barrel, Planner, commented he has asked the Planning and Zonin'g Commission to make no comments or recommendations at this time until the public hearing. Any resolUtion should be passed for consideration in making a recommendation after the public hearing. Feel the process ~of public hearing should be protected. Comcowich stated so much talk has been made about housing and now someone wants to do something about it, feel should give them support. Mayor Momeyer stated she was in favor of this resolution, we keep building tourist accommodations. Mr. Kinkade, Sanitarian, stated we either go with this project or housing will be built with septic tanks, etc. Councilman Vare pointed out the problem of housing is Aspen's and Snowmass's development for another 1,000 people 8 miles from the City creates problems. Roll call vote - Councilmen Vare nay'; Comcowich aye; Griffin nay; Scott nay; Walls nay; Whitaker nay; Mayor Homeyer aye. Motion not carried. Signs - Council discussed Glory Hole~ Andre's, Texaco and Conoco signs. It was reported Signs the sign at the Glory Hole has been taken down; sign at Andre's is in violation and will be taken down this.date or ~tomorrow. Conoco sign will come down when the new sign is · installed. Rezoning Request, Doremus/Fleisher Company - Council request the City Clerk publish Re-Zoning Reques~ notice of public hearing for January llth. Peremus/Fleisher 1111 Regular Meeting Aspen City Council December 14, 1970 Two Hour Two Hour Parking Request - Spring Street, Block 101 - Manager Wurl reported the surrounding Parking area is in the two-hour zone thus creating a problem for the shops located in this area. Request It was pointed out the Aspen Square is using the basement parking for storage rooms. Not Spring St. enough room for the people who live there to park. ~ Block 101 Councilman Comcowich moved that this request for extension of two hour parking zone be denied and the City Attorney and City Manager take every action necessary to see that Aspen Square and others comply with the parking requirements. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowicb aye; Vare aye; Mayor Homeyer aye. Motion carried. Employee Employee Registration - Manager Wurl informed Council the present fee is S2.00. As per Registration the policy established by Council that fees would compensate for the costs involved, recommend raising this fee to S5.00. Council request additional information ~as to number of registrants, etc. Tabled until the next regular meeting. Teen Center Teen Center RePort - Activity report was submitted by the City Engineer outlining work Report done by the City, also activity report from Mrs. Faye Ward relating what the children have done. Council request the City send an accounting on this activity to the RSA B~rd. Dog Fines and Dog Fines and Fees - Manager Wurl reported the RSA Board hms requested that the City and Fees County assume the costs and revenues of the dogs from the first date it.was discussed. It was pointed out there is a misunderstanding as the City has not made provisions in 1970 for this arrangement but have provided for same in 1971. City's understanding was, this arrangement~would take effect ~Janua.ry %, 1971. Manager Wurl informed Council, it would be necessary to refund, if November 5th, 1970, is the date, $1,646.12 in revenue which has been generated from the-City licenses and fines. It was pointed out, thelCity felt with a January 1~, 1971 date there would be sufficient time in which to change~.the law as relates to charges, so the license fees were in con- formance with each other. Councilman Griffin moved the Council does not agree with the dog fines being retroactive to November 5th. Seconded by Councilman Scott, ~All in favor, motion carried. Councilman Griffin'moved the dog fines and fees not come.under the RSA until January 1, i ~ 1971. Seconded by Councilman Scott. All in favor, motion carried. Council instructed Manager Wurl to so inform the County Commissioners. Special Counsel Special Counsel City Attorney request additional help on appearances in municipal cour~ and attending board and commission meetings when necessary. Councilman Comcowich moved the City Attorney be authorized to have blanket authority to hire special counsel to assists-him in municipal court and hoard meetings. Sedonded by Councilman Vare. Roll call vote = Councilmen Vare aye; Comcowich ~aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Recodification Recodification - Manager Wurl reported that he with the~City Attorney and City Clerk had met with the codifying~attozney for 2 1/2 days reviewing~the ~entire City Code. Swimming Pool Swimming Pool Plot Plan - Two proposed plot plans were submitted with a recommendation of approval of Plan A. Councilman Griffin moved to approve Plan A Plot for the swimming pool at Bavaria Park. Seconded by Councilman Comcowich. Ail in favor, motion carried Sleigh Rides Sleigh Rides - Manager Wuri referred a request to Council to assist in the obtaining of a PUC license for sleigh rides in Aspen. Council request a prospectu~ and financial statement be submitted prior to their writing a letter to the PUC indicating there is a need. Open Space Open Space Report - Manager Wurl reported Tipco accepted the City's latest offer of Report $3,700,000.00. Further reported Tipco has documented their acceptance by letter received this date. Manager Wurl and City Attorney Kern gave the background on the negoiations and stated a press release on the negoiations would be available on December 15th. Attorney Kern informed Council, Tipco will deed, by Warranty Deed, approximately 212.56 acres with improvements including the lodge and water rights. Suggested to Tipco they remove those lots involved in the purchase from the subdivision by proceeding with the County for a vacation of the subdivision plat. Further reported the contract will be corr~ingent upon the City being able to sell the revenue bonds. 1112 Regular Meeting Aspen.,City'~Council December 14, 1970 Councilman Comcowich moved to read Ordinance #27, Series of 1970 in full. Seconded by Ordinance #27 Councilman Whitaker. Ail in favor, motion carried. Open Space ORDI~IANCE #27, SERIESOF 1970 AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY, OPEN SPACE, AND IMPROVEMENTS; AND APPROPRIATING AND ALLOCATING FUNDS FROM THE CITY ONE (1%) PERCENT SALES TAX FOR THE SALE OF REVENUE BONDS; AND DECLARING AN EMERGENCY TO EXIST was read in full by the City Clerk. Councilman ComcowiCh moved to ~adopt Ordinance ~27, Series.lof 1970 on first, reading and order the same published, Seconded by Councilman Walts~'R011 call vote , Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Councilman Scott left Council Chambers, :' ~ Mr. Deones was present representing Kirchner and Moore and submitted a breakdown of the irchner & Moore repayment schedule.. Reported the bonds would be're:venue bonds, callable in about seven Fiscal Agents years at an approximate interest rate of 6%. City should have adequate coverage, meaning if payments are $15,000 the purchaser of the bonds would like to see revenues of $18,000. The higher the coverage the lower the interest rate. Revmnue bonds run 1/2 to 1% higher than general obligation bonds~ Revenue bonds are:tess desirable to banks since they cannot use this type of bond for collateral. Proceedings Will take about two months. Councilman Vare moved to appoint Kirchner and Moore as the City's fiscal agent on this revenue bond issue. Seconded by Councilm~n Walls,~Roll~c&ll vote - Councilmen Vare' aye; Comcowich aye; Griffin aye; ~al~s aye;' Whita~er aye; Mayor Homeyer ~aye, Motion carried. ORDINANCE #25, SERIES OF 1970 AN ORDINANCE PROVIDING FOR A LICENSE FOR THEENGAGING IN~ Ordinance #25 ANY BUSINESS, PROFESSION, VOCATION OR OCCUPATION WITHIN THE CITY OF ASPEN; PROVIDING FOR Business License EXEMPTIONS FROM SUCH LICENSE~ AND PROVIDING PENALTIES FOR VIOLATION THEREOF was read by title only by the City Clerk~ Councilman Walls moved to adopt Ordinance #25, Series of 1970 on first reading and order the same published. Seconded by Councilman Whitaker. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ORDINANCE #28, SERIES OF 1970 AN ORDINANCE AMENDING ORDINANCE #16, SERIES OF 1970, Ordinance PROVIDING FOR THE RETAILER'S COLLECTION OF THE CITY ONE PERCENT ('1%) SALES TAX, ALLOWING #28 A CREDIT FOR RETAILER'S COLLECTION, AND ESTABLISHING A BRACKET SYSTEM.FOR SAID TAX, was 1% Sales Tax read in full on first reading'by Attorney Kern, Councilman Walls moved to adoPt Ordinance #28, Series of 1970 as read and order the same published on first reading. Seconded by Councilman Whitaker. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. ' Councilman Whitaker moved to allow authorization of vendors allowance for collection and remitting of 3-1/3% of the tax collected, Seconded by Councilman Walls. Roll call vote - Councilmen Whitakmr aye; Walls aye; Griffin'ayeS. Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker moved to adjourn, seconded by CoUncilman Griffin. Roll call vote - Councilm~n Vare ~ye; Comcowich aye; Griffin aye; Walls nay; Whitaker aye; Mayor Homeyer nay. Motzon carried. Meeting adjourned at 7:35 p.m. k._~-~raine Graves, City Clerk