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HomeMy WebLinkAboutminutes.council.19660404Regular Meeting Aspen City Council April 4~ 1966 The regular meeting of the Aspen City Council was called to order by Mayor Barnard at 3:45 P.M. with Councilmen Stapleton, Kuster, McEachern, Clymer, Administrator Wurl and Provisional City Attorney Janet Gaylord. The accounts payable were given to Councilman McEachern to check. Mayor Barnard stated the minutes of March 21 and March 28th would not be read and asked if there were any corrections. One correction for the meeting of March 28th, the spelling of diesel. The minutes stand approved. Opera House - Mr. Don Copelin and Miss Berg of the Historieal Society were Opera House present and appealed to Council for the space vacated by the library at a reasonable rent of $100.00 per month. AdministratorWurl stated he had received a letter from Mr. Helmig of the Institute and they recommended the City rent the space to the Chamber of Commerce and the Aspen Association. Mr. Copelin had talked to the Chamber 'and Association and they are willing to go along with utilizing the libmary space for public displays of the three ~m~ni~and using the space on the second floor, now used by the Historical Society, for the mechanics of the three Council instructed the City Attorney to notify the Institute the space is vacant and obtain a release from them. Council elected Ted Mularz of the Chamber of Commerce, Tom Benton of the Historical Society and Buzz Bainbridge of the Aspen Association to check out the space in the Opera House. Tape Recorders - Discusaed - Ail Councilmen agreed they did not wish to have Tape Recorders private tape recorders in the Council Chambers. Councilman Kuster made a motion to hold the tapes from the City Clerk's recorder till the minutes are approved at the next regular Council meeting, theSe tapes to be available to the public and abandon all private recorders from the Council Chambers. Seconded by Councilman Stapleton. Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye; Clymer aye. Galena St. East - Liquor Hearing - ] way license. Councilman Stapleton made Hearing a motion to go into public hearing for the pnmpose of hearing a 3 way license Galena St.East application for Galena St. East. Seconded by Councilman Clymer. Councilman Kuster 3 Way License left Council Chambers. Ail Councilmen in favor. The City Clerk handed the following to Mayor Barnard for Galena St. East: Petition, drawings, 3 letters of recommendations, application, addendum, lease, corporation papers. Ail Councilmen checked over the above mentioned documents. Mayor Barnard asked Mr. Fleisher, owner of the Galena St, East, if he intends to keep the same type of entertainment. Mr. Fleisher stated he had a capacity crowd this winter and a majority of the people were adults. Also he would keep the operation opened longer hours and his meals would be inexpensive and would serve such food as barbecued chicken, spare ribs etc. Mr. Fleisher stated his kitchen is adequate to handle dinners of this type. Mr. Fleisher stated he plans to build a new building between the Steak Pit and the Mad Dog and move Pinocchio's to this location in order to have a place for the younger set to go. Council discussed if there is a way of determining if the needs of the neighborhood had been met. It was decided that this would be pretty hard to determine, and if the licensee had met with all the requirements there would not be sufficient grounds on ~hich not to issue the license. Mr. Tharp, Cha±~man of the Aspen Liquor Investigating Committee stated Mr. FleiSher had met with all the requirements that were necessary. Attorney Gaylord stated there were no remonstrances or adverse pubiicity. Mayor Barnard asked the citizens if there were any reasons why this license should not be issued. There were no remonstrances. Councilman McEachern moved that the 3 way liqnor license be approved for Galena St. East. Seconded by Councilman Stapleton. No discussion. Roll call vote - Councilmen McEachern~e; Clymer aye; Stapleton aye; Kuster absent. Councilman Clymer made a motion to close this public hearing and go into regular session. Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer aye; Stapleton aye; McEachern aye; Councilman Kuster returned to Council Chambers. Mr. Tharp stated the Roman Lion has had a change in ownership, as one partner Roman Lion has bought out the other. License was issued in both names. Also the same problem Mad Dog with the Mad Dog. Mr. Tha~ stated he had notified the City Clerk and she is checking this out with the State Liquor Inspector. Councilman McEachern moved to suspend rule 19 and pay the bills. Seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; Stapleton aye; Clymer aye; McEachern aye. Filtration Plant - Discussed - Mayor Barnard stated the City had four alternatives: 1. Accept Mr. Nielsen's bid with mistake of $51,000 as submitted. Filtration 2. Allow Mr. Nielsen to withdraw his bid and not take his bond. Plant 3. Reject all bids, on the grounds that 2 bids had errors and readvertise. 4. Reject bids and make negotiations with the 2 lowest bidders. Discussed the responsibility of Mr. Nielsen since he had made a $51,000 error, also the legality of taking his bond since mistake was discovered immediately. It was agreed that it was imperative we get started on the filtration plant this summer as soon as possible since it will take into next year before completion. Councilman Stapleton made a motion to. reject all bids for the construction of the Motion to reje~ filtration plant and appurtenant structures for the City of Aspen, Colorado because all bids of the fact of an error involving the low bidder. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Stapleton aye; Clymer aye; McEachern aye. Councilman Stapleton made a motion to open discussion for negotiations for the construction of the filtration plant add appurtenant structures for the City of Aspen Colorado with R. A. Nielsen of Denver, Colorado. Seconded by Councilman Clymer. Roll call vote-- Councilmen McEachern.aye; Clymer aye; Stapleton aye; Kuster aye. Administrator Wurl stated he had received a proposed contract from R.~A. Nielsen in the amount of $388,825.00 for the filtration plant and $144,695.00 for the 2 million gallon concrete reservoir. Councilman Stapleton made a motion to authroize the Mayor and City Clerk to sign the contracts for the construction of the.filtration plant and appurtenant structures R. A. Nielsen for the City of Asp~n,,Colorado with R. A. Nielsen of Denver, Colorado. Seconded Filtration Plant by Councilman McEachern. Roll call vote - Councilmen Clymer aye; Kuster aye; Mc= Eachern aye; Stapleton aye. Councilman McEachern made a motion for the City Administrator to issue a notice of award to R. A. Nielsen. Seconded by Councilman Stapleton. .Roll call vote~- Councilmen Stapleton aye; Kuster aye; McEachern aye; Clymer aye. Land for the filt=ation plant had been discussed previously to be bought from Leonard Thomas. Mr. Thomas would accept $7000. Councilman Kuster made a motion Land -Leonard to suspend rule 19 and authorize the Mayor to sign a check for $7000 to Leonard Thomas Fil.Plant Thomas for the land needed to build the filtration plant. Seconded bY Councilman Stapleton. Roll call vote - Councilmen Kuster aye; Clymer aye; McEachern aye; Stapleton aye. The City to furnish a survey which has been done by Roger Mahnke. Administrator Wurl stated a wrong description was submitted on the dump. The City Attorney is drawing up a correction. County Commissioners have sh~a~ their Dump-descriptic approval on the road for the dump. City Attorney submitted to Council the dump maintenance agreement. Maynr Barna=d stated they wished to look this over and would consider this at the next meeting. Ordinance #4, Series 1966 An Ordinance Amending Title III, Chapter 3, The Ord.#4,Seriesl96 Ordinances of the City of Aspen, Colorado, Pertaining to Water Department Tap Permits Water and Connections, and Declaring an Emergency to Exist was read in full by the City Attorney for the second time. Councilman Kuster made a motion to adopt Ordinance #4, Series 1966 and orderer it published for the second time. Seconded by Councilman Clymer. Roll call ~ote - Councilmen Kuster aye; McEachern aye; Clymer~-aye; Stapleton n~y. Motion carried. Ordinance ~5, Series 1966An Ordinance Amending Title I, Chapter 15, The Ordinances '0rd.#5,1966 of the City of Aspen, Colorado, Pertaining to Chief of Police, and Declaring an %,~ Police Emergency to Exist was read in full for the first time by the City Attorney. Councilman Staple~on made a motion to adopt Ordinance'#5,- Ser~ s 1966 on first reading. Seconded by Councilman McEachern. Roll call voge CouncilmAn Stapleton aye; McEachern aye; Clymer aye; Kuster aye. Ordinance #6, Series 1966 An Ordinance Amending Title XI, Chapter 1, The 0rd.#6,1966 Ordinances of the City of Aspen, Colorado. Pertaining to Zoning, and Declaring an Parking Emergency to Exist was read in full by the City Attorney. Councilman Mc~achern made a motion to adopt Ordinance #6, Series 1966 on first reading. Seconded by Councilman KuSter. Roll call vote - Councilmen Stapleton aye; McMachern aye; Clymer aye; Kuster aye. Ordinance ~7, Series 1966 pertaining to permits for warm air hea~ing was 0rd.#7,1966 submitted by the Attorney. Council decided to hold the reading of this ordinance until the City Building Inspector would be present. Guido - Off-street parking - Discussed - Councilman McEachern made a motion that the curb be completed from the middle of the block to the corner and give Guido-Parkin~ Guido a legal curb cut. Seconded by Councilman Clymer. Mayor Barnard stated Administrator Wurl, Building Inspector and Guido are to figure out where and size of curb cut. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye; Clymer aye. The City Clerk submitted three applications for Police Magistrate, Ross Griffin, Appointment Joseph Burgert and Charles T. Brandt. Discussed having an attorney, Charles Brandt, Police Magistra! since he would have legal training. Attorney Gaylord stated the bar association recommends Mr. Brandt to Council. Councilman Clymer made a motion to appoint Charles Brandt as Police Magistrate effective immediately. Seconded by Councilman McEachern. Roll call vote - Councilmen Stapleton aye; Clymer aye; McEachern aye; Kuster aye. Mayor Barnard instructed Administrator Wurl to notify Mr. Brandt of this appointment and also Ross Griffin the outgoing Police Magistrate. Mayc~ Barnard read letter from Henry Thurston, Building Inspector, recommending Bd.ofExam. Appealsi Steen Gantzel as ex-officio member and Robin Molny architect to the Board of Ex- aminers and Appeals. Mayor Barnard instructed Administrator Wurl to notify Mr. Gantzel and Mr~ Molny of these~appointments, Census - Attorney Gaylord stated the City minute books of 1886 ~how the City to be operating unde~ a second class city. The U. S, Department of Commerce would South Side do the census for us for a fee of $744.00. Council decided not to push the census, Annexation but to push the south side annexation at this time. Administrator Wurl stated the City Attorney is working on the legal descriptions now and the people of this area are quite interested in being annexed. City Attorney stated the ~etitions Would be ready to go in a week. A letter fr~m Neil Macdonald was read requesting the City make it mandatory W.Colorado's that all dogs in the city limits wear muzzles. Also letter from Western Colorado's 20 Counties 20 Counties requesting a donation for promotion dh Colorado. Last year the City donated $100.00. Council decided to hold off on this and wait to see what the other people Discussed - procedure of acquiring and destroying abandoned cars. Council Abandoned instructed AdministratorWurl to see about using a Low-Boy and also check out a place Cars in Rifle to sell the cars. Administrator Wurl stated the Chamber of Commerce is gathering information and pictures of old dilapidated houses and will bring their report~to the City Old Houses Council. Leon Wurl stated sUnnie's has not played their outside speaker for two Weeks and the Abbey has removed their speaker. Discussed the amount owed the County Commissioners for the East Aspen Patent East Aspen Pateni and the money the County owes the City for paving around Wagner Park. Council instructed Leon Wurl to notify the Commissioners that the County,pay the City for the paving around Wagner Park and then the City will pay the East Aspen Patent Wagner Park amount of $1373.82. Councilman McEachern made a motion to suspend rule 19 and pay the County $1373.82 on the balance due on East Aspen Patent. Seconded by Council- man Kuster. 'Roll call vote - Councilmen MCEachern aye; Stapleton aye;Kuster aye; Clymer aye. Attorney Gaylord stated she had heard from Attorney Stewart of GlenWood uchanan EAP and he wishes permission from Council to proceed with the court case with Buchanan on the East Aspen Patent. Council agreed to have Attorney Stewart znvest~g~ further on the East Aspen Patent and handle the case with Buchanan. Administrator Wurl stated the County ASsessor needs a lette= from the City Assessment to put the north annexation on the City's tax rolls. Council instructed Mr. Wurl North Annexation, to write the letter. Mountain Valley Water Agreement - discussed City participation in the tank, booster pump and 8" line. Council decided to think this over and study it first. Mt.Valley Water Council decided the contractors will be allowed five years to recoup their tosses Agreement for installing their own lines etc. Council also stated the City will not pay any part of oversize pipe. Wurl to get all material on the water agreement for MoUntain Valley and Council will go over it. Underground parking ~ Wagner Park ' Mayor Barnard stated Jack Walls had Inderground talked to Denver and had some ideas to present to Council. Administ'rator Wuml Parking-Wagner stated the firm of Henningson, Durham and Richardson could make a feasible study~ Council instructed Leon Wurl to talk to Jack Walls. Regular Meeting Aspen City Council April 4, 1966 . Councilman Clymer asked Council if some kind of storage can be provided Fire Dept. behind the Mountain Rescue Building on Main to house ancient fire equipment. Council instructed the City Clerk to check the minutes of last summer to see if the City is obligated to store this equipment. A letter from Tony Berumen was read by Mayor Barnard re-Sunny Park Annexation. B=rumen -Annex. Councilman McEachern stated with the Master Plan the Planning and Zoning Commission has not had time to check this o~$. Councilman Stapleton made a motion to adjourn at 7:15 P.M. Seconded by Councilman Clymer. All Councilmen in favor. ~ ~ C~~-~ity Cler~~