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HomeMy WebLinkAboutminutes.council.19710628 1175 Regular Meeting Aspen City Council June 28, 1971 Meeting was called to order by Mayor Eve Momeyer at 4:00 P.M. with Councilmen Scott Nystrom, Ross Griffin, Ramona Markalunas,~ Jack Walls, Francis Whitaker, City Attorney Albert Kern and City Manager Leon Wurl. Councilman Whitaker moved to approve the minutes of June 14th and 16th as prepared and mailed by the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. Councilman Griffin moved to approve the minutes of the RSA dated June 17th as prepared and mailed by the Recording Secretary. Seconded by Councilman Nystrom. Ail in favor, motion carried. Robert Miller Robert Miller Request - Request was Outlined by the City Clerk to sell sandwiches upon Request - the City sidewalks. City Attorney Kern reported he has in the past drafted two ordinances Selling on for Council's consideration which were not adopted. One prohibited the selling on public Streets streets and sidewalks in the business district. The other draft ordinance prohibited ~ selling except where granted by license to do so. Colorado statutes has granted to cities the right to control the use of their streets in this regard, to date the City has never taken any affirmative action on this. Under the State Statutes it is allowed unless the City prohibits. City Manager Wurl stated the reason the previous ordinances were not passed is due to the sicle-cycle lady. Council request the City Attorney draft proposed ordinance for Council consideration. Park Usage Usage of Parks - Mayor Homeyer relayed a request received from the Arts and Crafts Fair representatives to use Paepcke Parksfor their annual fair. She informed them since the fair was for private profit, a business license would have to be obtained from the City and sales tax collected. This would be a two day affair. Manager Wurl request Council establish a policy for this type of event. Present policy is not to permit those events that are for profit~ Council discussed the condition of Wagner and Paepcke Parks. It was pointed out Paepcke Park is established as a quiet park and events of this type should not be allowed. Discussed other locations that could be used, i. e. Lift #1 parking lot, Little Nell, empty lot on Hyman next to Design Primarily, etc. Councilman Griffin moved that the City continue with the present potiny of not allowing any shows for profit on any public land unless on a non-profit basis for the benefit of charitable organizations. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Walls moved the City Manager is authorized to administer locations upon request to hold non-profit events. Seconded by Councilman Whitaker. Ail in favor, motion carried. Appointments Appointments - Planning and Zoning Commission - Mayor Homeyer reported prior to the P & Z Commiss. meeting from 3:00 P. M. to 4:00 P. M. the City Council held an executive session to interview those persons desiring appointments. Councilman Walls moved to appoint James Adams, Anthos Jordan and James Breasted III to the Planning and Zoning Commission for four year terms, terms expiring July 1, 1975. Seconded by Councilman Griffin. Roll call vote Councilmen Nystrom aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Election Election Commission - Councilman Markalunas moved to reappoint Kenneth Hubbard and Commission appoint Ann. Schwind to the Election Commission for two year terms, expiring July 1, 1973. Appointments Seconded by Councilman Whitaker. Ail in favor, motion carried.. Board of Examiners and Appeals - Council request the City Manager check with the Board for recommendations for appointment of private citizen. No one has requested appointment. Councilman William Comcowich arrived. Public Restrooms Public Restrooms - Councilman Whitaker reported he has asked this to be put on the agenda as same was,approved last year to be constructed on the north end of the City Hall build- ing. Manager Wurl reported preliminary plans were drafted, estimmted cost of $6,000 and the delay was caused in that ex-councilman Ned Vare desire to review the plans and make what he felt to be necessary changes. Mr. Wurl further reported the expense was to come from the contingency fund of which there are none left. Councilman Whitaker pointed out the gas stations are being over-run with usage of their facilities plus thefts, etc. Councilman Griffin moved to approve the idea of public restrooms. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas n~y; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. 1176 Regular Meeting Aspen City Council June 28, 1971 Councilman Markalunas stated .in considering costs, maintenance and additional personnel to oversee the facility will have to be included. Council request the City Administration work out budgeting and design for public rest- rooms to be considered at budget time. Repair of Streets - Councilman Whitaker stated he had requested this appear on the agenda Repair of due to the lack of repairs being made to fill the cracks in the soil cement streets. Streets Manager Wurl reported the street department has been busy.on other projects and to date have not gotten to the filling of the cracks, this will be done in the same manner as last year which met with Councilman Whitaker's approval. Cracks in the streets are a continual problem and will have to be dealt with each year until they are all seal coated. Appointments - Councilman Comcowich stated he was upset that the executive session was Appointments prior to the meeting and that appointments to the Boards and Commissions~were not held until after his arrival. Mayor Homeyer reported this was discussed at the last meeting and it was agreed the Council would meet at 3:30 for interviews. Due to the number of applicants the time was moved up to 3:00. Transportation S~udy - Manager Wurl reported the City representatives to the RSA met Transportation with the County Commissioners last week Monday and it was agreed the City would pay Study $15,500 and the County $12,500 towards the transportation study. Mr. Herb Barrel, Regional Planner, reported the County Commissioners passed a resolution they would sign the agreement (agreement for division of costs) but desire to check their financing prior to signing as the money is not available to meet the S12,500 figure. Mr, Bartel further stated the study will not officially start until all signatures are obtained. Councilman Walls moved the City sign the agreement with the County calling for a divis- ion of the costs for the transportation study. Seconded by Councilmmn Whitaker. Roll call vote - Councilmen Markalunas aye; Griffin aye; Comcowich aye; Walls aye; Nystrom aye; Whitaker aye; Mayor Homeyer aye. Motion carried. July 4th Street Closing - Mr. Barrel submitted to the Council copies of the proposed July 4th area and parking locations that will be provided. Verbal permission has been obtained Street Closin~ on the parking locations. Activities planned at the present time are the festival of arts who will hold their picnic in the park and the City will provide a truck which can be used as a stage in the street. Mayor Homeyer reported Ballet West will perform in the streets also. City Manager submitted to Council copies of a lease used in the past between the City and restaurant owners to utilize the streets for tables to serve outside. Councilman Walls moved the City Manager have the authority to work out leases on the same basis as in the past subject to approval of the proposed lease by the City Attorney. Seconded by Councilman Marklaunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. City Clerk's Confirmation of Appointment - Councilman Walls moved to confirm the appoint- Confirmation of ment by the City Manager of Lorraine Graves.as City Clerk. Seconded by Councilman Whit- City Clerk's aker. Ail in favor, motion carried. Appointment Maroon Creek - Manager Wurl reported the Forest Service will be requesting permission to Maroon Creek construct a water and sanitation plant at the Maroon Creek. campground. Preliminary plans have been reviewed by the City's water engineer, Dale Rea, Lamont Kinkade, Sanitarian, Mr. Barrel, Planner, Mr. Markalunas, filter plant operator and Mr. Wurl. Mr. Wurl re- ported the preliminary plans show they are not doing the project to the degree the City desires; forest service has no water rfghts of which Mr. Delaney has been apprised and they are changing from a spring to a tributary of Maroon.~Mr. Kinkade has reported the Forest Service has not applied~to the State Health Department for construction of the plant. Before construction can begin, they would have to have approval from the City and County. Council request Manager Wurl check out the total plans for this area by the Forest Service and report back to Council. Councilman Whitaker suggest the Forest Service check out the possibility of using in- cinerating toilets which have been successful in other places. Highway Improvements - Manager Wurl reported he had met with Mr. Prosence of the State Highway Highway Department and they have agreed to:~install cross pan by the Court House; agreed Improvements ~- to patch the highway through the City and agreed to seal coat the highway through the City. Work will begin after July. ~ 1177 Regular Meeting Aspen City Council June 28, !~Y1 Ordinance #16 ORDINANCE #16, SERIES OF 1971 - City Attorney Kern reported two publications will be Model Traffic necessary prior to second reading of the ordinance. ~ Code Councilman Walls moved to read Ordinance #16 on first reading by title only. Seconded by Councilman Markalunas. All in favor, motion carried. ORDINANCE #16, SERIES OF 1971, AN ORDINANCE FOR THE REGULATION OF TRAFFIC WITHIN THE CITY OF ASPEN, ADOPTING BY REFERENCE THE '~ODEL TRAFFIC CODE'FOR COLORADO MUNICIPALITIES" AS APPROVED AND PUBLISHED IN 1970 BY THE DEPARTMENT OF HIGHWAYS OF THE STATE OF COLORADO AND INCLUDING IN SAID'CODE REFERENCES TO A SECONDARY CODE OFFICIALLY TITLED "UNIFORM TRAFFIC CONTROL DEVICES FOR ALL CLASSES OF STREETS AND HIGHWAYS" OF CURRENT ISSUE ALSO PUBLISHED BY THE STATE DEPARTMENT OF HIGHWAYS; AND AMENDING SECTION 10-2 OF SAID CODE; AND PROVIDING FOR PENALTIES THEREOF was read by title only by the City Clerk. Councilman Walls moved to adopt Ordinance #16, Series of 1971 on first reading. Seconded by Councilman Markalunas. Councilman Whitaker stated he disagreed with the City Engineer having the responsibility of traffic engineer, feel the Council should retain this responsibility. Roll call vote - Councilmen Comcowich aye; Walls aye; Nystom aye; Whitaker nay; Markalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. Council agreed to schedule the hearing on Ordinance #16, Series of 1971 for 3uly 26th at 5:00 P. M, Liquor City Attorney reported recent legislation'allows Council to'establish a liquor licensing Licensing commission that would hear all requests for licensing. This commission would not necessar- Commission ily have to be the City Council. Also legislation for special permits for temporary licens~ The legislation inclffdes a fee by the State of StO.00 of which the City cannot charge a City fee of more than S10.00 Council request the City Attorney draft an ordinance calling for a City special license fee of $10.00. Manager Wurl request permission from Council to testify on July 8th and 9th in Denver be- fore the legislative committee in regards to the legislation on Amendment #3 Regional Service Authority. Permission granted. Manager Wurl reported the repairs are in process on the cuts made by Metro Sanitation last year. Happy Hearth Manager Wurl relayed a request to Council from realtors in town that they be acknowledged Inn if they bring to the City ~ client who buys the Happy Hearth Inn. City Attorney Kern re- ported this can be done whereby the buyer is obligated to pay the real estate fee. Council felt this was a needless point since the property is not going to be listed with the realtors. Street Signs Council granted permission for Councilman Walls, Manager Wurl and City Engineer Gilkey to reaearch street signs in trying to consolidate them~ Bell Mountain Council request the City check out the fence on Cooper Street at.the Bell Mountain Lodge Lodge fence to see if it is on public right of way. Sample ordinance from Sterling relating to junk on private property was submitted. House of Lum stock transfer form was submitted. Council request the City Clerk investigate the new stockholders and submit the information to Council prior to consideration. City Market City Market Request - Manager Wurl showed to Council plans of the City Market which call Request for an additional curb cut than allowed by ordinance - one on Cooper and one on Spring. Curb Cuts Council discussed the traffic hazards of a cut on Cooper. Council agreed to allow one curb cut on Spring Street and the circulation pattern takez~ into account the alley. City also request additional planting on public right of way along Cooper and along Original to screen the back of the building. Councilman Griffin moved to adjourn at 5:45 P. M., seconded by Councilman Walls. All in favor, meeting adjourned. "----~Lorraine Graves, City Clerk