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~~