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HomeMy WebLinkAboutminutes.council.19720925 Special Session Aspen City Council September 25, 1972 Present: City Council and County Commissioners Harold Pabst Preliminary breakdown of costs and what Mr. Pabst would like to see the land utilized for was submitted. Offer Prepared by Mr. Jerry Brown, Glenwood Springs. Total valuation for Pitkin County 56 million plus. Correspondence from the Park Association was submitted stating they have a Park Trust which they would like to use to hold the land until such time as the City and County could afford to do the improvements that will be required. Suggestion was made that the City and County contract for the land and do the minimal amount of improvements the first.year. Attorney 0ates for the County stated the contract would have to be on a year to year basis. Commissioner Baxter stated a recommendation from the two Planning and Zoning Commissions should be obtained first as to the impact of this proposal. It was pointed out, zoning should be extended to the adjacent areas as soon as possible. Mr. Pabst stated his timing would be signatures by the end of the year. Further stated in order for the line to follow the road, suggest Mr. Zoline and Gene Ingham be also contacted as to offering their areas of land to be included. Special Session Aspen City Council September 25, 1972 Members present: Mayor Eve Homeyer, Councilmen Markalunas, Comcowich, County Commissioners J. Sterling Baxter, Clyde Vagneur and Thomas Sardy. Also present: Sheriff Carrol Whitmire, Chief Richard Ritchey. Law Enforce- Mr. Quinn, representative of the International Chief's of Police was present to present to the City Council ment Study and County Commissioners the Law Enforcement Study which was recently completed. Mr. Quinn stated initially they recommend a partial consolidation to improve the enforcement in the total county. The jail and civil processes would be under the Sheriff since this is a duty under the Statutes of the Sheriff and policing would be under the total agency. The taxpayer will get a better deal, as it will not cost him any more but he will have better value and coverage. Results would show up in reports and hopefully a decrease ~n crime as an end result. Main recommendation is universal reporting. City police department has good reporting with the exception there are too many different types of forms. Items which do not require a report are such things as a cat in the tree etc. One-third of an officers time is spent by answerzng requests to the department; two-thirds is spent in preventative crzme and patrol and all other items which an officer has to do. TO answer a call~ta~es an average of 45 minutes per call. The highest priorities in consolidation are: records in the sheriff's department; communications, now being shared to some extent. The departments should be consolidated so that there zs not duplication of effort. Legal problem of an elected sheriff has not been a problem in most of the places where consolidation has taken place due to formation of metro government. New York State allows consolidation by referendum. Colo- rado allows such on a contractual basis although the sheriff would still be an elected official. In other states where consolidation has taken place the agency is run by a Commission. Suggest 2 members from the Council, 2 members from the Commissioners and perhaps one at large from the County. The police commission would establish policy only and have no jurisdiction as relates to running the department. Recommendation includes additional clerial staff, do not feel additional officers would be needed at this time. A more definate answer could be given when the records problem is solved. At first an increase in crime will result in the County since there will be more coverage of the County. The agency should not be under the Sheriff sznce this is an elected posit~on and depends upon his caustit- uents. Officers should be paid overtime if off duty for court appearances. Compensatory time should not be allow- ed. ~ J~z~aine Graves, City Clerk Regular Meeting Aspen City Council September 25, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilmen Scott Nystrom, William Comco- wich, Ramona Markalunas, Francis Whitaker, City Attorney Albert Kern and Student Representative Timber Dick- Councilman Markalunas moved to approve the minutes of the last regular meeting and all adjourned meetings since that date. Seconded by Councilman Whitaker. ~11 in favor, motion carried. Mayor Homeyer opened the public hearing and read opening statement and it was reported by the City Clerk Grutter's and City Attorney that all City and State requirements have been met by. the applicant. Application for Beer & Wine Attorneys Drake and Grutter, applicants were present plus the manager. Map was submitted showing the License proposed outlet in relation to the existing beer and wQ~e licenses. Petitions bearing a total of 1868 signatures were submitted: 1337 local address; 531 out of to~n signers. Councilman Ross Griffin arrived. The manager of Grutters gave testimony to the effect the restaurant would remain a delicatessen, seats 61 people, cafeteria type operation, offer foods which are not offered by other restaurants in town, operation will be on the first floor only - storage and kitchen in the basement, low price food, steady business of local people established, owners and tenants of Aspen Square are in favorof this license, beer and wine would compliment the type of food served, sold by self service and checked out at the check out stand as to ID's, no bar will be constructed. Mr. Don Helmick, Manager of Aspen Square gave testimony to the effect that the restaurant is well run, clean operation, people of Aspen Square like to have a place to go that is in the building, feel there is a need for that end of town where there are so many lodge type accommodations. Mr. Russ Pielstick, architect, gave testimony, stating ~a study was done of the image and growth pattern in the area. Study showed that since the construction of the Aspen Square, growth is happening in the south- east portion of the City. Eat at this restaurant about three ti~es a week, would like to see beer and wine because it would go with the sandwiches which are served. Mr. Leon Notron, contractor gave testimony stating he has an office in the North of Nell Building and stated there is a need in this area. Need a place to go for a beer without having to go to a bar. F~el the Wiener~t~be~s'i%o0~bu's~fa~ lunch for fast service. Do not know if the others are open for lunch. Fir. Grutter stated all those who signed the petition were customers; Aspen has a number of outlets (beer and wi~e) although they are not all open the year around or for lunch. There being no further comments, Mayor Homeyer closed the public hearing. Councilman Griffin moved to approve the issuance of a bee~ and wine license to Grutter's. Seconded by Councilman Nystrom. Councilman Comcowich stated he felt the needs Of the community have been met. Roll call vote - Councilmen Whitaker aye; Markalunas nay; Griffin aye; Comcowich nay; Nys~rom aye; Mayor Homeyer aye. Motion carried. Mayor HQmeyer opened the immblic hearing. City Clerk reported all was in order. Mayor Homeyer closed the Alpine Markets p~blic hearing. 3.2 Beer Renewal Councilman Comcowich moved to approve the renewal for one year for a 3.2 beer license to Alpine Markets. Seconded by Councilman ~arkalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Whitaker aye; Mayor HOmeyer aye. ~otion carried, City Manager Leon Wurl arrived. Council-agreed Gaard Moses whose letter was submitted does not qualify since he has not lived in the City Appointment for two years consecutively. Board of Adjust. Mayor Hemeyer stated a City s~ould not be run on emotion but it seems to be the way things are getting Mill and Main done. There is a need for a light at this intersection until the transportation plan comes up with an al- Intersection ternative to the traffic problem at this intersection. Councilman Whitaker stated he would also like a light at Third and Main. CounCilman Comcowich stated he did not feel the City should go overboard, do not feel the community is ready for 2 signals at this time. Discussed a four way stop u~til such time as light is installed, also enforcement of yielding to pedestrians. ~.~ Councilman Whitaker moved that we request the Division of Highways to adequately sign the Mill and Main intersection with a controlled left t~n and if they feel its necessar~ another signal at Third and Main. Seconded by Councilman Markatunas. Roll call vote - Councilmen Nystrom aye; Comcowich nay; Griffin nay; Markalunas aye; Whitaker aye; Mayor Homeyer nay. Motion not carried. Councilman Comcowich moved that a traffic control signal be installed immediately, preferably one of de- sign compatiable with Aspen's known name, such light to remain until such time as new transportation or traffic plan is established so as the traffic control light is no longer necessary. Seconded by Council- man Markalunas. Councilman Comcowich stated the meaning of the motion is to put in a standard type light until such time as one that is esthetically pleasing is found. Roll c~ll vote - Councilmen Whitaker aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker stated the Council should follow the rules which they have adopted. Rules of Procedure Councilman Comcowich moved to table discussion of the Barnard waterline until the next regular meeting. Seconded by Councilman C~riffin. All in favor, motion carried. 1353 Regular Meeting Aspen City Council September 25, 1972 Monarch St. Attorney William Clark was present and stated that it will be ~mpossible ~o reach an agreement with Mr. Daly and he is requesting that if a street is put in from Monarch to Mill that the group Stan Johnson represents ~ will acquire the rest of his property. It will be necessary for the City to condemn the land. The other concern and request is that the City not rezone the propezfay initiating this proposal under the greenline regulations. Not sure that it will be affected. Council referred this change an request to the Planner's office. Transportation Chairman Charles Brandt of the Transportation Committee stated the Committee recommends the City Council Study Recommend- adopt the plan; there were no major disagreements with the elements of the plan. Discussed and agreed em- ations phasis should not be given to the automobile ~n the downtown and feel dollars should not be sunk into park- ing structures. Also feel there are many operational details to be worked out. James Breasted, Vice Chairman of the Planning and Zoning Commission, read motion as follows: recommend the City Council adopt the transportation plan in concept including all the elements - cmrculation including street beautification, parking, mall development, transit system and transportation center. Motion passed unan-imously; adopted by the Commission. Hyde Property Farther discussed and recommend purchase of the Hyde Property rather than the sub-surface rights. Mr. Bartel stated he had talked to Bob Leigh~as relates to parking on the Truman property. To provide for 800 cars in a four acre area would requzre 3 layer structure above ground. Council agreed to hold a study session on Thursday at 5:00 p.m. Pabst Offer Mayor Homeyer reported Attorney Oates will be drafting an agreement to hold the ground for a year and both City and County will be putting aside money in next year's budget for planning dE the area. Stein Water Tabled until the next meeting. S~rplus Propert~ Proposed draft was submitted. Councilman Markalunas moved to instruct City Attorney Kern to draft s resol- Resolution ution in conformance with the proposed draft. Seconded by Councilman Comcowich. All in favor, motion carried. Water bids City Manager Wurl reported six bids were received. Recommendation of the Water Engzneer Dale Rea is to accept the low bid of Mile Hi Pipeline in the amount of $75,605.00. Councilman Griffin moved to accept the low bid of Mille Hi Pipeline in the amount of $75,605.00. Seconded by Councilman Nystrom. Hell call vote - CouncilmenNystrom aye; Comcowich aye; Griffin aye; Marka!unas aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Environmental Health Letter, Lodging Assoc. Letter - N~xt requla~ meeting agenda. Holy Cross Councilman Whitaker moved to consider the Holy Cross Acquisition on this agenda. Seconded by Councilman Acquisition Markalunas~ All in.favor, motioncarried. Proposed letter and resolution were submitted - Councilman Whitaker moved to read Resolution ~18, Series of 1972. Seconded by Councilman Markalunas. All in favor, motion carried. RESOLUTION ~18, Resolution ~18, Series of 1972 was read in full by the City Clerk as follows: SERIES OF 1972 RESOLUTION NO. 18, SERIES OF 1972 WHEREAS, unde~ the provzsions of the Charter of the City of Aspen, adopted pursuant tothe 20~h Amendment of the Constitution of the State of.Colorado establishing home rule, there is specific authorization re- quiring the ser~±ge of electric energy to the residents of the City of Aspen by its municipally owned electric distribution department; and WHEREAS, for a number of months efforts have been undertaken to obtain the electric facilities of the Holy Cross Rural Electric Association that are located within the boundaries of the City of Aspen and are pre- sently being used to serve residents of the municipality; and WHEREAS, a consulting engineering firm, Merrick & Company of Denver, has been employed to investigate the acquisition of sai~ electric facilities of Said Holy Cross and has now reported the results of its invest- igation to the Council; and WHEREAS, the investigation and recommendations of said consulting engineering firm have arrived at a value in excess of the net book cost value of said plant that is frequently used elsewhere in the State of Colora- do in the ~cquisition by mutual consent of facilities of rural electric associations by municipalities who desire to acquire said facilities within the boundaries of said towns and cities; and WHEREAS, said Merrick & Company has investigated and determined that there is a method of acquisition of facilities that will enable the Holy Cross Rural Electric Association to continue to serve its consumers outside the boundaries of said m~nicipality without damage to said association and consumers so l~cated; and WHEREAS, the maximum value that Merrick & Company has recommended for the compensation of all sums due in the acquisition of said facilities of ~oly Cross, including the damages, if any, for said facilites or services outside the City of Aspen is in the amount of $336,679.26; and WHEREAS, the negotiations to date have been unable to arrive at a mutually satisfactory determination of compensation; and WHEREAS, it is necessary in the discharge of its duties to provide e~ectric service under the Charter of Aspen, and it is determined by the City Council to be in the best interests of the City of Aspen that said municipality acquire the facilities of Holy Cross Rural Electric Association under the proposal of Merrick & Company and under the authority of the statutes of the State of Colorado, 1354 Regular Meeting Aspen City Council September 25, 1972 NOW, THEREFOP~, BE iT I~ESOLVED by the ~ity Council of the City of Aspen: 1. That the acquisition is in the best interest of Aspen. 2. That the City Manager and City Attorney, together with special counsel and the consulting engineer emplOYed by the City Council are hereby authorized and directed to negotiate to acquire said facilities from the Holy Cross Rural Electric Association for a sum not to exceed $336,679.26, which sum is thought to be in excess of market value of said facilities, but which sun would be the maximum which the City Council believes can and should be paid Holy Cross RuralElectric Association without court determination of any other value. 3. That if said negotiations cannot arrive at a mutually satisfactory determination of value within forty- five ~45) days, or in the event that an impasse in said negotiatic~s occurs, then said City Manager, City Attorney and special counsel ar~~ authorized and directed to institute condemnation proceedings to acquire the facilities of Holy Cross Rural Electric Association, pursuant to the recommendation of Merrick & Com- pany, by instituting proceedings in the District Court of Pitkin County, and to take such additional steps necessary or desirable in connection with said acquisition. 4. That the City Manager, City Attorney and special counsel are authorized to take such steps as they may determine necessary and desirable, pursuant to the directions and authority above stated. Councilman Comcowich moved to adopt Resolution ~18, Series of 1972. Seocnded by Councilman Nystrom. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye Markalunas aye; Whitaker aye; Mayor Bomeyer aye. Motion carried. Councilman Comcowich moved to authorize the Mayor to sign the letter to Holy Cross making an offer. Second- ed by Councilman Whitaker. All in favor, motion carried. City Attorney Kern stated in reviewing the election requirements again, he finds that the election could Initiative be held on the same day as the general election. Petition Councilman Griffin moved to read by title only Ordinance 919, Series of 1972. Seconded by Councilman Comco- ORDINANCE 319, wich. All in favor, motion carried. SERIES OF 1972 ORDINANCE ~19, SERIES OF 1972 AN ORDINANCE ENACTING FULL AND PARTIAL STREET CLOSURE AND ESTABLISHING A MALL was read by title by the City Clerk. Lack of motion, ordinance defeated. Council request the City Attorney prepare the notice of call for an election. Council discussed the confusion to the voter if this measure is on the general election ballot along with the 1% sales tax increase. Mr. Dunaway stated the 1% sales tax ordinance does not specifically state th~% the money will be used for transportation, feel this is why some people are wary of the Ccuncil. Council stated the first priority of the 1% sales tax funds will be for transportation. City Manager Wurl pointed out the original Cit~ 1%' sales tax ordinance was drafted somewhat general also and the Council has spent the funds for open space as was originally intended. Just don't want to be completely locked in. Council suggest the City Attorney meet with the petitioner's committee to see how the title and ordinance could be amended to fit with the transportation plan. Councilman Whitaker left the meeting. Councilman Comcowich moved to schedule the initiative election for :Tuesday, December !9th with the hope that this petition will be deemed unnecessary by the petitioner's committee. Seconded by Councilman Nystr om. Discussed passing a resolution stating first priority would be implementation of the transportation plan. Roll call vote - Councilmen Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye Mayor~omeyer aye. Motion carried. Agreed the resolution as outlined be prepared. Mayor Homeyer opened the public hearing. No comments, Mayor Bomeyer closed the public hearing. Councilman Griffin moved to read by title Ordinance ~17, Series of 1972. Seconded by Councilman Comcowich. Ail in favor, motion carried. ~DINANCE 917, SERIES OF 1972 AN Oi~DINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF ASPEN, COLORADO OF ORDINANCE 317 ITS NEGOTIABLE COUPON BONDS IN THE PRINCIPAL AMOUNT OF $1,180,000. TO BE DESIG~ED "GENERAL OBLIGATION Series of 1972 WATER EXTENSION AND IMPROVEMENT BONDS, SERIES 1972," FOR THE PURPOSE OF EXTENDING AND IMPROVING THE MUN- ICIPAL WATER UTILITY SYSTEM OF SAID CITY; PRESCRIBING THE FORM OF SAID B~DS ; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX AND APPLICATION OF WATER UTILITY REVENUES TO PAY SAID BONDS ~ND INTEREST THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS RELATING OT THE SAID INDEBTEDNESS AND PRO~TDING THE EFFECTIVE DATE HEP~EOF was read by title by the City Clerk. Councilman Comcowfch moved to adopt Ordinance 317, Series of 1972. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Mayor Homeyer aye. Motion carried. Mayor Homeyer opened the public hearing. Herb Barrel submitted to Council the recommendation of the Plan- Open Space ning and Zoning Commissi~.which calls for adoption of the measure by the City Council. C-2 Zone Mayor Homeyer closed the Public Hearing. Councilman Comcowicb moved to instruct the City Attorney to draft the proper ordinance as proposed by the P & Z. Seconded by Councilman Nystrem. All infavor, motion carried. 1355 Reqular Meeting ~Pe~ C~t~ Council September 25, 1972 ORDINANCE $15, Councilman Comcowich stated he felt the intent of the ordinance is good but feel the timing is ~-~on9. Feel SERIES OF 1972 this ordinance will facilitate and put pressure on the-market to build one bedroom units. This ordinance would make it economically feasible. Council is in agreement to slow down growth which is not what this ~' ordinance will accomplish. Mr. Bartel stated yes this ordinance would encourage development of one bedroom units. Mayor Homeyer suggested this proposal should be considered at the time of the re-write of the zoning ordin- ance. Councilman Comcowich moved to send this ordinance back to the P & Z Commission with the Council's comment that the Council is concerned that this will encourage building which the Council is not in favor of at this time and the ordinance be re-worked as relates to definition and this be put on low priority. Second~ by Councilman Nystrom. All in favor, motion carried. ORDINANCE ~18, Councilman Griffin moved to read by title Ordinance ~18, Series of 1972. Seconded by Councilman Nystrom. SERIES OF 1972 All in favor, motion carried. Councilman William Comcowich left Council Chambers. ORDINANCE ~18, SERIES OF 1972 AN ORDINANCE AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ADDING SECTION 2-91 PERTAINING TO THE PAY SCHEDULE AND POSITION CLASSIFICATION OF THE EMPLOYEES OF THE CITY OF ASPEN was read by title by the City Clerk. Councilman Nystrom moved to adopt Ordinance ~18, Series of 1972. Seconded by Councilman Griffin. Roll call vote - Councilmen Nystrom aye; Griffin aye; Markalunas abstain; Mayor Homeyer aye. Motion carried. Councilman Nystrom stated the Council would like to recognize James Markalunas for the fine job done in w~iting a paper for suJ0mission at a recent conference and the national recogntion relating to filter plant operations. Councilman Nystrom moved to adjourn at 6:45 p.m., seconded by Griffin. All in favor, motion carried. raine Grave~, dity Clerk