HomeMy WebLinkAboutminutes.council.19660906Regular Meeting Aspen City Counci~ September 6~ 1966
The regular meeting of the Aspen City Council was called to order by Mayor
Barnard with Councilmen Stapleton, Kuster, Provisional City Attorney ;Janet Gaylord
and City Administrator Leon Wurl.
There b~ing no corrections to the minutes as mailed to Council, they stand
approved.
The accounts payable were given to Councilman McEachern to check.
Mayor Barnard opened the Public Hearing for Sunny ,Park and Sunny Park North Public Heari~
Subdivisionazoning. Sunny Park
Zoning
Letter from the City Planning and Zoning was read recommending the City Council
approve R-6 zoning classification for the subdivision.
Mr. Berumen stated the owners in Sunny Park and Sunny Park North Subdivision
signed the petition asking for zoning as outlined in the Master Plan. .They are in R-6 Classifi~at
agreement with R-6 zoning as a temporary measure, until the zoning classifications
in the Master Plan are implemented.
Attorney Gaylord stated the ordinance will be ready covering the zoning
by the next meeting pending the completion of the map.
Mr. Berumen stated he is having a plat made and would like the Mayor to sign
the plat after approval by the Planning and Zoning Commission. Councilman Kuster
made a motion to have the Mayor sign the plat for Sunny Park and Sunny Park North
Subdivision after approval by the Planning and Zoning Commission. Seconded by
Councilman Stapleton. Roll call vote - Councilmen Kuster aye; Stapleton aye; Mayor
Barnard aye.
Regular Meeting Aspen City Council .September 6, 1966
ORDINANCE #23, SERIES 1966, AN ORDINANCE AME~IN~ ORDINANCE #10, SERIES 1962,
Ord. #23 OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO POLICEMEN'S RETIRE
~ Police Pensi~ n MENT PLAN AND DECLARING AN E~ERGENCY was read for the second time by the City Cler~
~ in full.
~: . Councilman Clymer and McEachern arrived.
Councilman Stapleton made a motion to adopt Ordinance #23, Series 1966,
pn secpnd reading. Seconded by Councilman Clymer. Roll call vote - Councilmen
McEachern aye; Kuster aye; Stapleton aye; Clymer aye.
Mayor Barnard stated the Policemen's Penson Board would like to proceed with
Actuarial Study an actuarial study and are requesting $450.00 from the City for the expense involved
Police Pension in the study. Councilman Stapleton made a motion to authorize the expenditure
of $450.00 for an actuarial study on the Police Pension Fund. Seconded by
Councilman McEachern. Roll call vote - Councilmen Kuster aye; Clymer aye; McEachern
aye; Stapleton aye.
Audit A letter setting forth recommendations of the audit from Dan Handy, CPA. was
read by Mayor Barnard. Administrator Wurl stated all of Mr. Handy's recommendations
have been implemented.
Administrator Wurl stated due to the Council and Mayor leaving for Garmisch-
Dates - Liquor Partenkirchen the end of September, the hearing dates for new and renewal of liquor
New & Renewals licenses would have to be changed. Proposed hearing date for new applications from
October 3rd to October 17th. Change renewal hearing date from November 7th to
November 21st.
Councilman Kuster made a motion to hear new liquor license applications on
October 17th, hearing date for renewals on November 21st. Secofided by Cb~ncilman
Stapleton. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye;
Clymer aye.
A transfer of Packaged Drug Store Liquor License from Glen~ose Drug to
Transfer-Liquoz
License Glenros Aspen-Hallmark, Inc. was submitted by Mr. William Tharp, Chairman of the Aspen
~'~ Drug Liquor Investigating Committee. He received high praise on 2 references he had
checked. Did not have enough time to run a credit check. Ail papers seemed to be
in order. Mr. Glenn Anderson stated he has known the fellow for a long time,
also int~od~cted the President and Attorney of the firm. Councilman McEachern
made a motion the transfer be approved. Seconded by Councilman Clymer. Roll
call vote - Councilmen Stapleton aye; Kuster abstained; McEachern aye; Clymer
aye.
Friends of the Library Committee were present and request Council provide
Friends of the in the budget'for next year a donation to the Library of $5000.00. Council felt
Library this was high and stated they would take this under advisement.
Citizens Committee - Tourist Bureau - Mr. Guy Drew and Gilbert Cdlestock
were present and stated they would like the Council to answer the following fdur
Tourist Bureau
questions:
1. Where are the necessary funds coming from for the Bureau?
2. Why create a new agency?
3. What are the qualification~ of Rudolf Hundertschuh?
4. Will it be a unified Bureau without political interference?
Eouncil stated they would rather convey their answer in writing and stated to
Mr. Drew and Colestock they would have the answer in 24 hours. Mr. Waddington
stated the expenditures for the Burgermeister were more than was allocated, and
asked what value was received~from becoming Sister Cities with Garmisch~Partenckirchen.
It was stated the City off'Aspen received favorable na~ionaI p~blicity~
Replacement ~or Mrs. Jackie Greene on the Board of Adjustment. The Board of
Appointment Adjustment recommended either Mrs. William Tharp or Mrs. George Parry. Mrs. George
Bd. of Adjust. Parry is not a resident of the City. Councilman Knster made a motion to appoint
Mrs. William Tharp to the Board of Adjustment to replace Mrs. Jackie Greene. Sec-
onded by Councilman Stapleton. Roll call vote - Councilmen Clymer aye; Stapleton
aye; Kuster aye; McEachern aye.
Ord. #24 ORDINANCE #24, SERIES 1966, AN ORDINANCE AMENDING TITLE V~, CHAPTER 1, OF THE
~ Not Passed ORDINANCES OF THE CITY OF ASPEN, COLORADO PERTAINING TO POLICE REGULATIONS AND DE-
CLARING AN EMERGENCY TO EXIST was read for the first time by the City Clerk.
Discussed Ordinance not allowing for sales from door to door by girl scouts, boy
scouts and other charitable organizations. Council instructed Wurl to Work with
the City Attorney in re-drafting the ordinance. To be ready by next Council
meeting.
512
Regular Meeting Aspen City Council September 6, 1966
ORDINANCE #25, SERIES 1966, AN ORDINANCE AMENDING TITLE VII, CHAPTER 2, ~rd. #25
OF THE ORDINANCES OF THE CITY OF ASPE, COLORADO PERTAINING TO HEALTH AND SANITATION
AND DECLARING AN EMERGENCY TO EXIST was read for the first time by the City ;eptic Tanks
Attorney in full. The City Attorney stated she had amended the existing ordinance
to include septic tanks. COuncilman Stapleton made a motion to adopt Ordinance
#25, Series 1966 on first reading. Seconded by Councilman McEachern. Roll call
vote - Councilmen Kuster aye; Clymer aye; StaPleton aye; McEachern aye.
Administrator Wurl request Councilhold a special meeting September 26th and Date- Budget
establish this as a budget heariBg date, Councilman Kuster made a motion to
establish September 26th, a special meeting, for the budget hearing date. Second- hearing
ed by Councilman Clymer. All Councilmen in favor.
Administrator Wurl submitted pay estimate due Corn Construction of $116,294.53.
Councilman McEachern made a motion to pay Corn Construction $116,294.53 on Street Pay Est.
Corn Const.
Improvement District #66-1. Seconded by Councilman Kuster. Roll call vote -
Councilmen Clymer aye; McEachern aye; Kuster aye; Stapleton aye.
Wurl stated excavations will be completed this week, curb and gutter completed
in a couple of weeks.
Wurl aired Council if they felt Hopkins Between Spring and Original should
be wider since the Master Plan calls for this in the business district. Council hopkins St.
felt this was not necessary, and the curb and gutter ~b~91d not be torn up.
Wurl stated the sidewalk project is 1/3 complete and T. L. ~nson is due
$3,365.93. Councilman Stapleton made a motion to pay T. L. Benson of Grand Sidewalk
Junction $3,365.93, August estimate up to September 1st for the sidewalk project. Pay Estimate
Seconded by Councilman Clymer. Roi1. call vote - Councilmen Kuster aye; Clymer
aye; MCEachern aye; Stapleton aye.
Mayor Barnard read letter from City Planning and Zoning recommending the
Council approve the projected cover sidewalk for Bullocks of Aspen on the North Bullocls of Aspeq
and West sides of the building. Council reviewed the plans. Councilman Covered Sidewalk~
Stapleton made a motion to accept the projected Sidewalk cover fOr Bullocks
of Aspen. Seconded bY Councilman Kuster. R011 call vote - Councilmen Kuster aye;
Stapleton aye; McEachern aye; Clymer aye.
Councilman McEachern made a motion to pay the bills. Seconded by Councilman
Stapleton. Roll call vote - Councilmen Stapleton aye; McEachern aye; ClYmer aye;
Kuster aye.
Discussed contract of Phillips, Carter, Reister and Associates. Wurl stated
the contract require~ Council approval for each step or phase of the contract. Underground
Also it will take approximately 6 months to get the money pending approval, perhaps Parking
we should get started right away, Also the convention center can be covered
in this same contract. Tom Benton of the Planning and Zoning stated if the City
does not do something about the parking problem, there will be restrictions
on private individuals. Councilman Clymer made a motion to spend $300.00 to
see if we can get a Federal Grant and authorize the Mayor and City Clerk to sign
the contract with Phillips, Carter, Resiter and Associates. Seconded by
Councilman McEachern. ~Roll call vote - Councilmen Kuster aye; McEachern aye;
Stapleton aye; Clymer aye.
Letter from Jerry Brown, Planner, outlingin scope of services and contract
fee was read by MaYor Bernard for continued planning. Tom Benton stated implement- Ierry Brown
ing the plan is not an easy job, the Planning and Zoning is in need of professional Planner
help. Also read letter from the Planning and Zoning recommending the Council
approve the contract. Also stated the City has $500 left from the original
project which would cover expenses for the remainder ~f this year. CounCil
stated they would hold off on this pending clarrificatinn by Wurl on the contract
fee of $2,167.00.
Letter from Mason and Morse regarding removal of the California g~phyr
was read by Mayor Barnard. Councilman Stapleton made a motiOn for th~'Mayor Calif. Zephyr
of the City of Aspen to sign a Resolution against the removal of the California
Zephyr. Seconded by Councilman Kuster. All CounCilmen in favor.
Mr. Tony Gauba read his letter addressed to the City Council conc&rning
the Tourist Bureau. Tourist Bureau
The following letter, upon request to bE a part of the minutes, was read by
Mayor Barnard:
Regular Meeting Aspen City Council September 6, 1966
As a minor member of the City family, I am.reluctant to crit-
Tourist Bureau icize the administrat~n, but your sudden move in creating
a Tourist Bureau warrants my action.
I b~!~eve that before this City assumes a new function it
should carefully examine the idea to see if it is a proper City
function. Does a Tourist Bureau follow the usual functions:
fire, police, streets, parks, water and power, planning and
zoning? I think not. The present operation, which the City
now proposes to take over has been operated by and for certain
commercial interests who directly benefit from the Tourist
trade.
There are many residents in Aspen, and I am one, who first of
all warn to live here, and do not care for the constant
efforts of a few to "Sell Aspen". ~here are many business people
and I am one, who do not care to participate in the promotion
plans, or if they do, wish it to be on a voluntary
The argument that We will not pay for it, but the tourist
will throUgh the bed tax is fallacious. The bed tax has been
a source of General Fund revenue for a number of year's
to divert it now and increase.the budget by $35,000 simply
means that other sources of revenue or increases in taxes
will have to make up for it.
- Far more important, all of the major facilities that have
been the subject of advertising, and promotion~are outside the
City limits; the three ski areas, the Institute, the Amphitheater,
the Music School and the Sports Car Race Track, as well asa
number of lodges. Before one cent of City money is spent
on a program that will mostly benefit non-resident, non-tax
paying private enterprises, it would be well to research the
legality as well as the morality of such an expenditure.
Up until now, every member of every board or commission in
the City must be a legal resident of the City, it now seems
that non-residents will be permitted to serve on a bOard that
will advise the City on how to spend money for their benefit.
If so, you will have completely reversed a battle cry for
independence and give us instead "Representation ~ithout
Taxation".
Finally gentlemen, I thin~ you should take a good look at the
City limits, and realize that your responsibility and authorCty
ends right there, and to be reminded that you were elected
to govern the City of Aspen, not to advertise and sell the
entire Aspen Area.
/s/ Francis Whitaker
Mayor Barnard asked the City Attorney if the City legally cpuld do this. The
Attorney stated legally the City can establish a Tourist Department.
Letter from Mrs. K.N.C.B. Moore was submitted on'the Tourist Bureau.
"Liquor License Mr. William Tharp:stated the~'City Councit~'should consider the quantity of
liquor establishments and the quality of the applicants. Ail liquor distribut-
ors are demanding letters of ~mrantee ~from all incdrpgrated bars, ~ Five bars
in town are not on a COD basis, There is need for better proof, of financial
ability. Mr. Tharp ~R~e the following suggestions:~ posting of bsnd, projected
income report or an annualcredit review. Also. stated perhaps the police
department should submit complaints and they be read at renewal time. Pertaining
to quantity Mr. Tharp stated there are 4 licenses which have not been used all
summer. The applicant should, show that the,needs of the neighborhood have
not been met. MayOr Barnard instructed the City<Attorney to assist Mr. Tharp
in putting these ideas in written form for Council's consideration..
Tourist Bureau Letter fromRudolf Hundertschuh was read by Mayor Barnardloutlining what he felt the activities of~the Aspen!~ourist Bureau should be at the beginning.
Aspen Skiin~ Report from the Aspen Skiing Advisory Commission was read by Mayor Barnard,
Advisory Co~ recommending that the Project be dropped and the Commission be dissolved with this report. Councilman_KUster made a motion to accept the findings of the
Aspen Skiing Advisory Commission report and to dissolve the Commission. Seconded
by Councilman McEachern. Roll call vote - Councilmen Stapleton aye; Kuster aye;
McEachern aye; Clymer aye.
...... ~ltj~_M- ~3i~n~g ............... ~p_~ C__~3y~9~ncil September 6,_1J6~
Administrator Wurl gave the following report on the preliminary census:
Existing City Limits 1623 Census
North Annexation 510
South Annexation 167
Total 2300
Wurl stated when timing is proper, we will begin with the census proceedings.
Administrator Wurl outlined the addendum from Harris Laboratories on their Harris Lab.
report. Also stated we need the report from the U. S. Public Health before we can
proceed further.
Guido Meyer stated Sunnie's has an outside speaker up again. Council instructed Outside Speaker
Wurl to alert the Police Department.
Discussed Cooper Street mall for winter season. Councilman Kuster stated Cooper St.
most of the people in the block do not want the mall. Ail Councilmen are in favor Mall ~
of the mall. Council i~tructed Wurl to send out an official questionnaire to
the surrounding property owners for their opinion and to submit findings at the
next meeting.
The following Resolution was read by the City Attorney:
RESOLUTION
Calif. Zephyr
WHEREAS, the City Council of the City of Aspen, Colorado,
had been informed that hearings are soon to be held
regarding~the retirement of the California Zephyr from
the San Francisco to Salt Lake City route;
AND, WHEREAS, the City of Aspen, Colorado, is a tourist
oriented community and many of its visitors arrive
here by means of transportation furnished from the
West Coarst by means of the California Zephyr;
AND, WHEREAS, irremediable injury would be incurred by
this community if any portion of the California Zephyr
route from San Francisco to Glenwood Springs, Colorado
were to be discontinued.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of the City of Aspen, Colorado
hereby wishes to register its strong opposition to
discontinuation of the San Francisco to Salt Lake City
route of the California Zephyr.
~ouncilman Stapleton made a motion to adopt this Resolution. Seconded by Council-
man Kuster. Ail Councilmen in favor.
Mayor Barnard read the following formal Resolution regarding Aspen and Garmisch-
Partenkirchen as Sister Cities:
R E $?0 L U T I 0 N
Sister Cities
The City Council of the City of Aspen, State of Colorado
has heretofore resolved to become a Sister City of
GARMISCH-PARTENKIRCHEN.
May this association between ASPEN, resort and cultural
center in the Rocky"Mountains of the State of Colorado,
and GARMISCH-PARTENKIRCHEN, Germany's leading winter
sports resort area, be of great and mutual benefit in
promoting friendship and the exchange of visitors
between the two Sister Cities, GARMISCH-PARTENKIRCHEN
and ASPEN.
Councilman McEachern made a motion to adopt this Resolution and.instructed Wurl
to put it on something proper. Secodded by Councilman Kuster. All Councilmen
in favor.
Councilman Stapleton made a motion to adjourn at 6:10 p.m. Seconded by
Councilman Kuster. All Councilmen infavor and meeting was adjourned.
City Clerk, Lorraine Graves