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HomeMy WebLinkAboutminutes.council.19670417 Meeting was called to order by Mayor Barnard at 3:45 p.m. with Councilmen David Stapleton, Werner Kuster, William McEachern, Clyde Clymer, City Attorney Gaylord and City Administrator Leon Wurl. There being no corrections to the minutes as mailed, all in favor of approval of same. Accounts payabel were given to Councilman McEachern to check. Police Car Bid Award - Administrator Wurl submitted the bids of the following: NAME PRICE DELIVERY Police Car Osborne Motors $'1'82'4.22 8 Weeks Bid Award Dick Wheeler, Inc. 2100.00 7 Weeks Mountain Motors 2100.00 5 Weeks Administrator Wurl recommended the low bid of Osborne Motors Plymouth heavy duty station wagon although the delivery ~ime was longer than the other two bids. Maintenance would be handled in Glenwood Springs. Councilman Stapleton made a motion to accept the bid of Osborne Motors for a 1967 police station wagon in the amount of $1824.22. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye; Clymer aye. The following Resolution was read in full by Mayor Barnard: RESOLUTION UTE PARK WHEREAS, the City of Aspen is the OWner of certain real property located in Pitkin County, Colorado, and described as follows: Ail of Block 48~tyi~g South and~West of the C~nter line of the Roaring Ford River, as shown on the Plat of Entry by the Mayor of Aspen of East Aspen Addition. which property was permanently dedicated and set aside for use by the public for park and recreation purposes, and was given the name of BAVARIA PARK,,by the ~Aspen City Council on the 22nd day of July, 1966; AND, WHEREAS, the City Council now wishes to change the name of said park to UTE PARK; NOW, THEREFORE, BE IT RESOLVED: That the above des~mibed property shall be hereafter known as UTE PARK, and shall be hereafter denominated as such on all official maps and plats of the City of Aspen. DATED THIS 17th DAY OF April, 1967.~ Councilman Stapleton made a mOtion, to adopt the ~foregoing Resolution. Seconded by Councilman Kuster. Ail in favor, motion carried. The following Resolution was read in full by Mayor Barnard: RESOLUTION WHEREAS, the City of Aspen is the owner of certain~real property located in Pitkin County, Colorado; BAVARIA PARK AND, WHEREAS, the City Council of the City~of Aspen, desires that said property be permanently dedicated to the people of Pitkin County for park and recceagion purposes; NOW, THEREFORE, BE IT RESOLVED that the following described real property be and is hereby permanently dedicated and set aside for use by the public for park and reg~eati~n;; A piece of land beginning at the quarter section corner on North boundary of Section 14, Township 10 South Range 85 West, 6th P.M.; Thence S. 39°o 51' W. 1061.6 feet to post; Thence N. 42o35' W 372 Feet to post; Thence West about 150 feet to center of Maroon Creek; Thence Northerly about 543 feet along center of Maroon Creek to intersection of North boundary of Section 14; Thence Easterly about 1037 feet along North boundary of Section 14 to the quarter section corner the place of beginning, and containing 11.8 acres more or less. AND, BE IT FURTHER RESOLVED that the above described BAVARIA PARK real property is hereby named-and shall be hereafter entitled the BAVARIA PARK; and sh~ll be h~reafter f~ denominated as such on all official maps and plats of the City of Aspen. DATED THIS 17th DAY OF April , 1967. Councilman Clymer made a motion to adopt the foregoing Resolution. Seconded by Councilman Stapleton. Ail in favor, motion carried. The following Resolution was read in full by'the City Clerk: RES£ 2, i E WHEREAS, the City Council of the City of Aspen, Colorado desires to pay certain amounts that are Tmansfer of now due from the General Fund~of the City, and funds finds that there is not sufficient money availah~ in the General Fund currently to effect such payments; AND, WHEREAS, the City Council finds that it is in the best interests of the City to make such payments, and desires to transfer the sum of $7,000.00 from the Electric Operating Fund to the General Fund to meet necessary expenses; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $7,000.00 from the Electric Operating Fund to the General Fund. 2. A copy of this Resolution shall be delivered to the City Clerk and the City Treasurer as authority to effect said transfer. DATED THIS 17th DAY OF April 1967. Councilman Stapleton made a motion to adopt the foregoing Resolution. Seconded by Councilman Clymer. Ail in favor, motion carried. The following Resolution was read in full by the City Clerk: RESOLUTION trans, of WHEREAS, the City Council of the City of Aspen, funds Colorado desires to pay certain amounts that are now due from the Water Operating Fund of the City, and finds that there is not sufficient money available in the Water Operating Fund currently to effect such payments; AND, WHEREAS, the City Council finds that it is in the best interests of the City to make such payments; and desires to transfer the sum of $17,000.00 from the Electric Operating Fund to the Water Operating Fund to meet necessary expenses; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and City Treasurer are hereby authorized and directed to transfer the sum of $17,000.00 from the Electric Operating Fund to the Water Operating Fund. 2. A copy of this Resolution shall be delivered to the City Clerk and City Treasurer as authority to effect said transfer. DATED THIS 17th DAY OF April, 1967. Councilman Kuster made a motion to adopt the foregoing Resolution. Seconded by Councilman Stapleton. All in favor, motion carried. Public Hearing - Mayor Barnard opened the Public Hearing on zoning of the South Zoning - South Side Annexation. The recon~nendation of the Planning and Zoning Commission was read Side Annexatinn, by Mayor Barnard that the South Side Annexation be zoned as shown in the Master Plan. Administrator Wurl stated Jerry Brown Beglected to mark Ute Park on the map as a park. Jerry Brown will submit this change. Zoning S.S. ORDINANCE #9, SERIES 1967, AN ORDINANCE AME~ING TITLE XI, ACI~aiPTER 1, OF THE ORDINANCES Annex. OF THE CITY OFASPEN, COLORADO, PERTAINING TO ZONING, TO PROVIDE ZONING FOR THE AREA ~Ord.#9 ANNEXED TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 4, SERIES 1967, DECLARING AN EMERGENCY TO EXIST was read in full by CouncilmanSt~pleton. Luke Anthony questioned the height ~estriction at the base of the ski hill area. The following letter was read by Mayor Barnard: Gentlemen: I represent Miss Julia A. Ericksen and Mrs. Christine E. Hart who own lots O, P, Q, R and S, Block 54, City and Townsite of Aspen, Colorado, which is now listed for sale through Moore Realty. This parcel is basically vacant land between the Brown Ice Palace and the Big Mountain. Since it adjoins the Ice Palace, no view would be obscured by any building rising to 3Y-1/2 ft. My owners would like to see this land remain tourist zoned ~and would see no reason why the height limitation for buildings down right next to the ski mountain should not be 37-1/2 ft. as it is in the present commercial area. The present height limitation of 25 ft. is continued to reduce density as well as to insure that other property owners views are not blocked. It would seem unnecessary to continue such restrictions against the base of the mountain since such building is dwarfed by the mountain itself. When building is done against the actual slope of the mountain, the cement work~ecessary for foundations is very expensive. The owners of such land can recoup some of their building costs by being able to extend their structures to 37-1/2 ft. o.r ~eVen~higher, This argument appears to have some practical application since the newer Aspen Alps building appear to be that high and buildings scheduled for the new Snowmass area will be going that high also. ~-' ~ ' ' · /s/ Moore Reatty · ~ ~ /s/ James E. Moore, Realtor Councilman Stapleton made a motion to approve Ordinance #9, Series 1967 on first reading as read in full. Seconded by Councilman Clymer. Roll call vote - Councilmen McEachern aye; Stapleton aye; Clymer aye; Kuster aye. Opera House Restoration Proposals - Tabled pending further breakdown on fees of the architects City Hall and recommendation of what is needed by the City Engineer. Golf Course Lease r Administrator~Wurl reported the signed lease.has been mailed to Golf Cours the United American Insurance Company with a check. Also the court has approved the sale of the mowers. As per recommendation dated Ap~i! 17th from. the City. Attorney, Wurl stated on Stem #2 it was specific the lessor did not want. the City tO use the structures. This is the reason it is not in the t~ase. As to Item ~3, it was provided that the lessor be released from the obligation in the event that the leased premises are rendered untenantable. Swirmning Pool Swimming Po61 Lease - Wurl reporteR~the lease has been sent to Leonard Thomas for his signature. Ambulance - Administrator Wurl stated he had~sent the letter as per Council action Ambulance April 10th to the Vice Chairman of the Ambulance Board. House Bill #1141 ~Looks favorable of passing. .~ ~ Ute Park Extension - Administrator Wurl request authorization from. Council to apply Ute Park for 71.96 acres of land at~.$2.50~per acre from the Bureau>of Land Management for an Extension extension to,Ute Park. Councilman Stapleton made a motion ~o authorize City Administrato Wurl to submit to the Bureau of Land Management for purchase of 71.96 acres of the proposed~Ute~Park~Extension. ~ Seconded by Councilman Kuster, Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye; Clymer aye. Tree Program Trees - Council agreed to offer the tree program this year. Councilman Kuster made a motion to authorize Administrator Wurl to call for bids for the tree program. Seconded by Councilman McEachern. Ail in favor, motion carried. Wurl stated the Park Association is again interested in people buying larger ~rees and they will pay the difference in price. · Elay Corporation - Whol. esale Water - Administr~ator~Wurl submitted the proposed Wholesale Water contract. Discussed Item #36 as to the CitY reimbursing the Distributor for the Elay Corp. cost of 8-inch pipe and for the installatiOn. Contract reads Distributor reimbursing the City Wurl stat~ed t~ere would be no objection on.the part of Elay Corporation if this were changed. Council agreed this shOuld be reversed. Discussed the zoning of that area and if a shopping center were put in, its affect on Aspen. Council agreed to table aut~horization t~o sign the contract.. Discussed the rezoning applied for by Wally Mills near the golf course on Highway 82. Wally Mills Wurl stated since this area is ~ithin the 3 mile radius of the City boundary, feels Rezoning - Water~ the City Planning and Zoning should approve the r,ezoning before the City furnishes water. Councilman McEachern made a motion if the CityPlanning and Zoning does not approve with the zoning applied for, the City will not serve them water. Seconded by Councilman Stapleton. Roll call vote - Councilmen K~ster aye.; McEachern aye; Stapleton aye; Clymer aye. Administrator Wurl to notify the proper part{es. Club 20 - Mayor Barnard stated the,City had received a letter rela~ing to a donation by the City. Wurl stated he had talked to the County Cormnissioners~and they are Club 20 Donation thinking about donating $250 or $300 and would like the City to make up the difference to $500. The letter refers to City donating $500 and County $500. Council agreed this is a function and responsibility of the Chamber and Tourist Bureau. Bruce Polich, Executive Director, of the Bhreau to handle. Sidewalks - Discussed where in relation to street and property line sidewalks should Sidewalks be placed. Roger Mahnke, City Engineer, ~s~ated-he plans to meet with the local architects on this issue. Accounts Payable - McEachern stated the City is still having to pay little bills for the Chamber and Tourist Bureau. Administrator Wurl to discuss this with Friedl Pfeifer. Councilman McEachern made a motion topay the bills as submitted. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; Stapleton'aye; McEachern aye; Clymer aye. The following is a verbatim discussion between Council and the City Attorney~ ity Attorney: status Barnard - Janet, Council has asked me at this time to give you an opportunity to give us your side of this difficulty of the Hampel case and conflict of interest that you got yourself into. So I will give the Council an opportunity to ask any questions they want to. McEachern for one wanted to make certain inquires. Gaylord - In the first place, I don't admit that I have a conflict of interest, I explained my position in a letter to Council. I feel that if you wish to pursue it further, you should put in writing the Council's position and give me an opportunity to have a hearing with the Council. Barnard - The reason I brought this up at this time was there are certain things the Councilmen wanted to know about and I thOught~the only way they could find out would be to simply ask you. Gaylord - Well if the Council wishes to discuss this with me privately, I am happy to discuss it, but if you want to set up a hearing to prove some kind of chmrges, you are required by Statutes to first let me know what you are charging me with and give me an opportunity to answer. Barnard - We are not making any charges. My point is simply, Council told me that they have not had a chance to hear your side of the question and that is why I am bringing it up at this time so you can answer their questions. Otherwise, how will you even find out what each persons position is. Don't see any other way to go about it. Unless you choose not to give us your position. McEachern I will be willing to go along with her request and lets do it privately first. Kuster - Fine with me. Barnard - Well should we just have this as a private session. Wurl - Adjourn the Council~meeting first. Councilman Stapleton made a motion to adjourn at 5:15 p.m. Seconded by Councilman Kuster. Ail in favor. Council went inth private sessinn. Lorraine Graves, City Clerk