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