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HomeMy WebLinkAboutminutes.council.19720724 1331 Regular Meeting Aspen,City Counci~ ...... Ju~y ~4{ 19~2 Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Scott Nystrom, William Comcowich, Ross Griffin, Ramona Markalunas, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and Student Representative Margo Dick. Councilman Walls moved to approve the minutes of July 10th as prepared and mailed by the City Clerk. Seconded by Councilman Whitaker. All in favor, motion carried Golden Golden Barrel, 834 W. Hallam - Beer, Wine and Spirituous Liquor Application. Barrel Mayor Homeyer opened the public hearing. The following facts of finding were Liquor presented: no'application made within the last two years; applicant has shown Application a right to the premises: premises arenot within 500' of a school; 35 existing outletsof the same type, closest outlets are Aspen Meadows and Hickory House about a quarter of mile away; application and file complete; posting and publication in order. City Clerk submitted survey map. Attorney William Clark and Mr. Hans Lull were present representing the application. Mr. Lull stated he has managed the Golden Barrel at the Aspen Highlands for the last four years, which license is under the name of the Chateau Kirk. Have provided six parking spaces on the back part of the premises and 12 to 14 spaces on the Villa property across the street. Will have a courtesy bus running into town and also the bus stop is in front of the premises. Mr. John Burns representing himself and the Forest Service was present and stated he was not present necessarily to oppose the application but would like to speak. Mr. Burns outlined to the Council that the Forest Service owns this entire block with the exception of the premises under discussion. Further reported the Forest Service has a long range plan, presently in preliminary stage, which has been discussed with the City Planner and City Manager as the Forest Service does not want to be working at cross purposes with the City or with the applicant. Long range plans call for comple~ parking facility for all forest service vehicles and housing for employees. Feel there is a traffic and parking problem in this area and parking on Hallam would ag- gravate the situation at this intersection. Mr. Lull stated he felt there is a need with the number of apartments in the araa and the two closest outlets are a quarter . of mile away. Feel as the applicant has proven ability to operate a good restaurant, never had. any violations while operating the restaurant at the Highlands. Feel in this location would be providing a service to the people within a two mile radius, apartments and lodges in the area are within walking distance. There will be little parking problems~because feel the people will walk or use the courtesy service. Pre- sently there is only one other seafood place in the City. Feel petition submitted confirms character of the applicant and shows there ~s a need. Mr. Burns request the Council table this application until such 'time as the Forest Service, planner and applicant have an opportunity t9 look at the Forest Service plans and a solution to the parking problems in this area. It was pointed out the zonlng in this area is AR-1 and two parking spaces are required under the zoning ordinance. Mayor Homeyer closed the~public hearing. Councilman Walls moved to go into executive session with the applicant. Seconded by Councilman Whitaker. All in favor, motion carried. Councilman Walls moved to reconvene into regular session. Seconded by Councilman Markalunas. All in favor, motion carried. Councilman Comcowich stated he felt the applicant has proven his ability in that he has been in'business in the area for a number of years, also inca senss another outlet · s not being created in the area. Councilman Comcowich moved to grant a Beer, Wine and Spirituous Liquor license to the Golden Barrel at 834 West Hallam, feel from the evidence presented that the needs of the nelghborhood have not been met. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Walls nay; Whitaker nay; Mayor Homeyer aye. Motion carried. Toro's of Toro's of Aspen, Inc. Application submitted for a license change from a partnership Aspen, Inc. to a corporation, same princlpals involved. Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed the public hearing. Councilman Griffin moved to grant the license change to Toro's of Aspen, Inc. Second~ by Councilman ~omcowich. Roll call vote - Coucilman Whitaker aye; Walls aye; Griffin aye; Markalunas aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Tagert Tagert Subdivision - Application made by Robert Starodoj; final plat submitted; 2-lot Subdivision subdivision. City/County Planner Herb Barte~ outlined to Council the requirements of the P & Z Commission which have been met and outlined on the plat and further stated the P & Z has granted an exception on street requirements from a public road to a private road. 1332 Regular Meeting Aspen City Council July 24, 1972 Council discussed the ramification of a private road i.e. emergency vehicles and main~- Tagert tenance. Mr. Bartel explained to meet the requirements of the subdivision regulations Subdivision is not practical in this location and also the size of the subdivision. Councilman Nystrom moved to approve the final subdivision plat. Seconded by Councilman Walls. Roll call vote - Councilmen Griffin aye; Markalunas aye; Walls aye; Comcowich aye Whitaker aye; Nystrom aye; Mayor Homeyer aye. Motion carried-~ Audit - Draft of opinion on the audit was submitted. Mr. Pete Sullivan was present and Auditor stated there seems to be some confusion as relates ~o obtaining the figures on beginning balances for the year 1971. Field work is not complete so have presented only a draft letter. Mr. Sullivan outlined that the presen~ auditors (Alexander Grant & Company) have not had access to ALL the previous auditors (Dan Handy & Associates) working papers so have been unabl~e to get the beginning balance figure. Present auditors cannot take responsibility for previous auditors work, unless they are able to review all the work- ing papers and then cannot guarantee that present auditors will be satisfied. Need to know how the beginning balance figures were derived at and what auditing procedures were used. Mr. Sullivan further stated that if the City spends the $3500 (Council previously agreed to do) cannot guarantee that the present auditors will be satisfied and give the City a clear report. City Attorney Kern stated he had talked to Mr. Cliff Haycock of Dan Handy and Associates who states he is willing to have Mr. Sullivan come into the office and review any working papers he desires. Mr. Sullivan read from Section 45 of the statement of auditing procedures which outlined that it is only a courtesy and customary that one auditor allow another auditor to re- view working papers. Mayor Homeyer questioned if any of this problem was the fault of the City, do not wish the City to catch heat or in any way cast a reflection on the creditability of the City. ~Mr. Sullivan emphasized again .~hat this problem in no way was a fault of the City, but they are unable to accept the beginning balances of previous auditor because they have not been able to gain access to all working papers. The problem is between the auditors. Mr~ Sullivan to meet with Mr. Haycock within the next couple of days. If at such time ,previous auditor will not submit the working papers, City Attorney Kern~,and City Manager Wurl to contact the Auditors Association as ~o the problem in gaining access to working papers. Mr. Sullivan stated he was not accusing the City of any problems in any way. Aspen Alps Mall Plan - Mr. Jerry Hewey was present, with the landscaping plan which has Alps Mall been approved by the Alps Condominium Association, cost of project $12,083.30. Mr. Hewey request approval of the plan so work can beg~n immediately. The pathway is 8' wide ~and meets approval of the Fire Dept. .~ Lot 21 - Spring Street - Mr. Hewsy~!and Mr. Stan Johnson were present and presented a pro- Lot 21 [posal whereby Lot 21 recently on the market is purchased by the Aspen Ski Corporation, Aspen Alps and Holy Cross and then donate said lot to the City and the City construct the cul-de-sac as outlined by the Alps Mall Plan. The price of the lot is high and by do- nation would be able to take a tax write-off; City building the cul-de-sac would cut the expense of construction of the mall plan. Lot is situated in-such a location that it is vital as relates to view of the mountain an should be kept open. Approximate cost of the cul-de-sac would be $4000. Councilman Whitaker moved~i>~the City Council approve this in principle and ask the City Manager to come up with figures on the construction of the cul-de-sac. Seconded by Councilman Markalunas. All in favor, motion carried. 2Council indicated the Alps could begin on the Mall plan which is not affected. Mr. Stan Johnson informed Council that with a mall plan on Ute Avenue the City might consider buying the vacant land east of Glory Hole Park for parking. Area is about 1-1/2 acres and close to the downtown, feel the cost might be in the range of $350,000. Street Improvement - South Monarch - Mr. Johnson presented a proposal requesting the Cit, Street to pave the last 39' of South Monarch at such time as the adjoinin~ property owners in- Improvement stall curb and gutter and landscaping. Asking that the City be narrowed at this locatio~.S. Monarch Councilman Griffin moved to refer this request to the Planning and Zoning Commission for recommendation. Seconded by Councilman Walls. All in favor, motion carried. Council further reques5 approval of adjoining p~Qperty owners be obtained. Street Construction Award Bids - MaRager Wurl submitted the bids to Council for overlay Street ~and seal coating of the streets. Construction One-bid received in each category - Gemco for sealcoating and Elam Construction on the overlay. Manager Wurl further pointed, out the bid from Elam also includes a portion of So~th Mill. Councilman Griffin moved ~o award the bids as outlined and include the alternate on seal- coating and additional overlay on S. Mill. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Valley Valley Construction ~Water Project Bids - Manager Wurl stated he had talked to the other Construction two bidders as authorized by Council at the last meeting and they do not desire to lower their bids. Recommend the Council award the bid to Valley.Construction based on 90% of the engineers estimate which is $55,035. Their original bid was approxamately $~8,000. Valley Construction has accepted this. Councilman Comcowich moved to authorize the City Manager to negotiate the bid with Valley Construction in the amount of $55,035.00. Seconded by Councilman Walls. Roll call vote.- Councilmen Whitaker aye; Nystrom aye; Comcowich aye; Wal~ls aye; Markalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. Councilman Francis Whitaker left Council~Chambers. Towing Towing - Manager Wurl reported the new man who is taking over Mr. Thorpe's towing busi- ness called this date and very anxious to work with the City. Memorandum of costs and revenues for the City to do their own towing was submitted. Council agreed to see how the new manworks out on a yearly basis prior to the City making a large investment. Budget Budget - Manager Wurl request the Council submit any items they wished to see in the budget within the near future. Council agreed to hold a study session on Monday July 31st at 5:00 p.m. to discuss capital amprovements. Maroon Cree~ City Manager Wurl submitted projections of the water revenues as well as the estimate and Water on the cost of the bond issue as relates to this project and others. Further.stated it Bonds is feasible to do a gravity system on Maroon. Councilman Comcowich mowed to authorize the gravity flow system for Maroon Creek and authorize the calling for bids for bonds. Seconded by Councilman Walls. All in favor, motion carried Manager Wurt reported the report from the International Chiefs of Police will be re- ceived this week. Bikeways Bikeways - Manager Wurl reported he and Mr. Bartel had met with the School and school has agreed to give an easement between the High School and new Middle School for a bikeway. Under easement, the school is asking that if the space is needed in the futu~ that the path be moved. This requirement is now being checked out with the State. Water ' Fitzgerald Construction - Manager Wuri referred a request from Mr. Fitzgerald who is constructing a building at the end of East Hopkins to utilize the well on the premises or hook to City water at the old tap fee rate. Mr. Fitzgerald states the Planning and ~,~,~ Commission held up his project for a year during which time the water tap fees w~ increased. Councilman Comcowich moved to deny this request; the~City as not interested an reducing the tap fees. Seconded by Councilman Walls. All in favor, motion carried. Historic Historic Preservation Committee - Councilwoman Markalunas suggest the name of Jim Preservatioi Copeland to fill the one remaining vacancy. It was pointed out Mr. Copeland does not Committee live within the City limits. Brush Brush Creek Trail Service Agreement - Mr. Bartel submitted the agreement with the Fore~ Creek Service which agreement would run through the steep bank at the back of Iselin Park. Trail Trail would be a foot path only. Councilman Walls moved to approve the signing of the agreement. Seconded by Councilman Comcowich. All in favor, motion carried. Growth Goals Task Force Report - Proposed question relating to growth was submitted for review by Council and consideration as a question for the November ballot. Council stated their concern in that the question is too general and question what it would prove. Council request rather than a general question that specific items be considered i.e. view control, PUD requirements along the highway, green line. Coun'cil suggest they relate their feelings on each specific item by resolution. Villa Villa Annexation -.Landscaping plan was submitted. Council request a $10,000 perform~ Annexation ance bond or cash an excrow to guarantee the landscaping prior to second consideration of Ordinances 12, 13 and 14. Proposed Proposed Ordinances - City Attorney Kern Questioned if Council would authorize ordin~. ~= Ordinances ances~elating to shop lifting for $100 or less and open space requirement for the C-2 zone. Council request City Attorney Kern prepare the ordinances. School School Crossing It was pointed out the sagnal is installed as a temporary thing whi~ Crossing studies are being made for an over pass or underpass. Councilman Comcowich asked if the posts could be painted green, it was pointed out the posts were painted brown at this date. Thomas Thomas Property - Councilwoman Markalunas moved that the City seriously proceed with Property negotiations to purchase the Thomas Property and authorize the City Attorney and City Manager to negotiate under the figures presented on Plan 3. Seconded by Councilman Walls. All in favor, motion carried. Councilman Griffin move to adjourn at 7:45 p.m., seconded by Councilman Nystrom. All in favor, meeting adjourned.