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Home My WebLink Aboutminutes.council.19680108Special Meeting Aspen City Council January 8, 1968 Special meeting was called to order by Mayor Robert Barnard with Councilmen Carl Bergman, Werner Kuster, William McEachern, Clyde Clymer and City Administrator Leon Wurl at 3:45 p. m. Councilman Kuster made a motion to approve the minutes of December 18 and 28th as mailed. Seconded by Councilman Clymer. Roll call vote Councilmen Kuster aye; Clymer aye; McEachern aye; Bergman aye. Mayor Barnard presented a plaque to Ex-councilman David E. Stapleton for his fine Plaque service to the City from January 1964 to August 1967. presentation Stapleton The following Resolution was read by Mayor Barnard and presented to Mayor Pro Tem McEachern: ResOlution R E S O L U T I O N presentation No. '1~ ~e~i~s--l~6~ McEachern WHEREAS, William T. McEachern, has for the past four years faithfully served the City of Aspen in the capacity of City Mayor Pro Tem; and WHEREAS, the service of William T. McEachern h~s been unselfish and unstinting; and WHEREAS, such service has ~esulted in the orderly growtK and con- tinued prosperity of the City of Aspen and has naturally contributed to the accomplishment of the goals and programs of the City of Aspen; and THEREFORE, BE IT RESOLVED, that this Resolution commending the service of William T. McEachern to the City of Aspen be spread upon the Public Records of said City of Aspen and a copy be presented.to William T. McEachern as evidence of the appreciation of the City of Aspen for his service. Councilman Kuster made a motion to adopt Resolution No. 1, Series 1968, as read in full. Seconded by Councilman Bergman. Ail in favor, motion carried° Councilman Kuster made a motion to adjourn and sinedie. Seconded by Councilman Sine die McEachern. Ail in favor, meeting adjourned at 3:50 p. m. Lorraine Graves, City ~lerk 723 Special Meeting ~pen City Council Oath of Judge William R. Shaw was present and administered the Oath of Office to the Office to following elected officials: New Council Mayor Robert Barnard Councilman Carl Bergman Councilman Werner Kuster Councilman Clyde Clymer City Clerk Lorraine Graves City Treasurer Sam Lum Councilman John Benninghoff was absent. Mayor Barnard called the first meeting of the new Council to ~r~der at 3:45 p.m. with Councilmen Carl Bergman, Werner Kuster, Clyde Clymer, Administrator Leon Wurl and City Treasurer Sam Lum. Ballots were delivered to Council by the City Clerk for the appointment of May Pro Tom, Police Magistrate, City Attorney, Council Representative to the Planning and Zoning Commission and Health Officer. Mayor Pro Tem Council marked their ballots with the following results as stated by the City Clerk: 3 - Councilman Werner Kuster Police Magistrate - Council marked their ballots with the following results as stated by the City Clerk: 3 Guido Meyer City Attorney - Council marked their ballots with the following results as stated by the City Clerk: 3 - Fitzhugh Scott III Council Representative to the Planning and Zoning Commission Council marked their ballots with the following results as stated by the City Clerk: 3 - Councilman Clyde Clymer Health Officer - Council marked their ballots with the following results as stated by the City Clerk: 3 - Dr. Charles Williams Mayor Barnard stated appointment of other City Officers and administration of Oath of Office would be made at the next meeting. Oath of Office was administered by the City Clerk to Mayor Pro Tem Kuster, City Attorney Fitzhugh Scott III and Police Magistrate Guido Meyer. Attorney Scott took his seat at Council table. Ordinance ORDINANCE #29, SERIES 1967, AN ORDINANCE APPROVING THE WHOLE COST OF THE #29, Serie~ IMPROVEMENTS MADE IN AND FOR STREET IMPROVEMENT DISTRICT NO. 67-1, IN THE 1967 CITY OF ASPEN, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF 1AND IN THE DISTRICT;PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY ~as read for the second time in full by the City Clerk. Councilman Clymer made a motion to adopt Ordinance #29, Series 1967 as read and order the same published. Seccnded by Councilman Bergman. Roll call vote Councilman Kuster aye; Bergman aye; Clymer aye. Ordinance ORDINANCE =30, SERIES 1967, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE #30, Series CITY OF ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARY 1967 DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO, was read for the second time in full by the City Clerk. Councilman Kuster made a motion to adopt Ordinance #30, Series 1967 as read in full and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye. Ordinance ORDINANCE #31, SERIES 1967 C-iA District Mayor Barnard read correspondenc~ #31, Series from: Mrs. Lena Van Loon In favor of C-iA District, Ernst Martens In favor 1967 of C-IA District; Mayor Barnard left Council Chambers for a telephone call. Correspondence read by Mayor Pro Tom Kuster from: Arthur Mikkelsen - In favor of the proposed C-lA District; William Comcowich Request second reading be delayed pending serious consideration of all the aspects of the case in question. Mayor Barnard returned to Ccuncil Chambers. 724 Special Meeting Aspen_ Ci, tY Council Januar; 8, 1968 Letter from the Planning and Zoning Commission was read by Mayor Bernard reqUesting P & Z Council delay final adoption of the proposed C-lA District, Signed by 4 members of Letter the Commission. Mayor Bernard stated neisher Councilman Clymer, Sam Lum nor himself were contacted as members of the Planning and Zoning Commission on this letter of reques t. A petition was submitted by Pat Maddalone with approximately 575 signatures with the following headl g~ "We, the undersigned, are opposed to adoption of Ordinance No. 31, Series 1967: We do not feel that providing such a small area will solve any problems with service stations, lack of available land will only create the need for a larger area; the downtown area is already congested and overcrowded and without sufficient parking; this area contains three of Aspen's most historic landmarks and the character of this area should be preserved, not given over to service stations. This concept of zoning is in direct opposition to the Master Plan." Mayor Barnard stated from glancing over the petition not all signatures were signatures of residents of the City and some names are of children. Mrs. Maddalone stated the petition was simply intended to show that the named people want to preserve the area around the church. Not a legal petition. Father Bosch stated he was not against it because of the church, only wished Aspen not to be come a honky tonk town. Request second reading, be ppmtponed. Councilman Kuster made a motion to table second reading on Ordinance #31, Series 1967, until the signatures can be authenticated on the petition. Seconded by Councilman Bergman. Ail in favor, motion carried. Mr. William Abrams was present and gave a synopsis of the events relating to Inte~ski 8th Interski International Conference to be held in Aspen in April. Stated this is the first time the conference has been held in the United States. Mayor Bernard read Resolution #2, Series 1968 as follows which was presented to Mr. Resolution Abrams: #2, Series 1968 R E ~ O L U T I O N --N~o--2~ ~e~i~s--i~-6~- WHEREAS, there will be a conference of the International Congress of Ski Instructors held in Aspen, Colorado from April 19 to April 28, 1968 and; WHEREAS, said conference is to be the largest and most important international ski event in the United States since the 1960 Olympic Games and~ WHEREAS, this assemblage is an important honor for this county, this state and this city; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Aspen, Colorado that the City of Aspen, Colorado does hereby lend and pledge its support to the Interski International Conference and, further, will ask and encourage every ASPEN citizen to help and cooperate wherever possible to insure the success of said conference. Councilman:.Kuster made a motion to adopt Resolution #2, Series 1968 as read. Seconded by Councilman Clymer. Ail in favor, motion carried. Pino¢chio's - transfer of ownership of 3.2 beer license. Council reviewed material. Transfer Administrator Wurl left Council Chambers to call Mr. Logan Bailor at the Bank of Pinocchio's Aspen to verify the problem involving the closing of Gary Luhnow's bank account. 3.2 Beer Point was raised at the adjourned meeting of December 28, 1967, License Administrator Wurl reported Mr. Bailor confirms exactly what was stated by Mr. Luhnow. Mr. Fleisher stated as sellor, he was very much in favor of these boys buying the establishment. Mr. Luhnow stated above the down payment, they would have $230~0 of working capital to begin w~th. Councilman Bergman ~ade a motion that Council approve the transfer of ownership for the $.2 beer license for Pinocchio's. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Bergman aye; Kuster abstained. Motion carried. Mayor Bernard convened the public hearing on the Uniform Building Code, 1967 Public Edition. Hearing Uniform Bldg. Administrator Wurl explained the City is presently working under the 1964 edition Code and the 1967 edition would also increase the permit fees. No further comments. ORDINANCE #32, SERIES 1967, AN ORDINANCE AMENDING TITLE IV, BUILDING REGULATIONS,. Ordinance CHA~TER ONE, BUILDING CODE, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO #32, Series BY AMENDING SECTION 4-1-1 AND REPEALING SECTION 4-1-3 (1). was read for the second 1967 time by the City Clerk in full, 725 Special Meeting Aspen City Council January 8, 1968 Councilman Clymer made a motion to adopt Ordinance #32, Series 1967 as read in full and order the same published. Seconded by Councilman Bergman. Roll call vote Councilmen Kuster aye: Clymer aye; Bergman aye. Letter from Mayor Barnard read letter dated December 18, 1967 from Francis Whitaker relating Whitaker to the legality of the City Sales Tax Ordinance. Ordinance ORDINANCE #1, SERIES 1968, AN ORDINANCE AMENDING CHARTER 4, TITLE IX OF THE #1, Series ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO CITY RETAIl SALES AND 1968 USE TAX was read in full for the first time by the City Clerk. Council request the Finance Department take further action on Mr. Whitaker's problem following second reading df the ordinance. Councilman Clymer request clarification in the Ordinance of commodities. Attorney Scott stated this would refer to rooms. Tom's Marie M ~ K Supermarkets Inc. Tom's Market Renewal of packages 3.2 Beer License, 3.2 Beer was submitted to Council by the City Clerk. License Councilman Clymer made a motion to approve renewal of M & K Supermarkets, Inc. Packaged 3.2 Beer License, Seconded by Councilman Kuster. Roll call vote Councilmen Bergman abstained; Kuster aye: Clymer aye. Motion carried. Taxi Stands Taxi Stands Administrator Wurl stated the taxi service would ~gain like to request 2 stands in front of their office on Main Street. Councilman Clymer made a motion to allow 2 parking spaces in front of the taxi service for their use. Seconded by Councilman Bergman. Roll call vote Councilmen Kuster aye; Bergman aye; Clymer aye. Snowmass Council reported to Administrator Wurl the Snowmass buses are going up Hunter Bus Route instead of the agreed route of Spring. Also buses idling too long at the bus depot. Administrator Wurl to check out. Naming alle] Discussed maming of the alley between West End and Original. Houses fronting Dean Court on the alley and difficult to locate by address. Administrator Wurl reported the alley is in line with Dean Street if it were a through street. Councilman Bergman made a motion to designate the alley between West End and Original as Dean Court. Seconded by Councilman Clymer. Roll call vote Councilmen Clymer aye; Bergman aye; Kuster aye. Resignation Letter of resignation from Chairman Tom Benton of the Planning and Zoning Tom Benton Commission was read by Mayor Barnard. Councilman Kuster made a motion to accept the resignation of Tom Benton. Seconded by Councilman Bergman, Ail in favor, motion carried. Council agreed to table filling of the vacancy until the North Side Annexation is effective in order to have a representative from this area. Council discussed the propriety of a member of the Planning and Zoning Commission serving on the Board of Adjustment. Council asked City Attorney Scott if this was proper and Attorney Scott indicated that it is not since the Board of Adjust- ment very often reviews decisions of the Planning and Zoning Commission which would result in this member reviewing his own decisions. Council instructed Administrator Wurl to talk to Mr, Whitaker on this, Four lane Letter from the State Highway Commission relating to a recommendation from the on Highway City on stripping for {our lane traffic of Highway 82 was read by Mayor Barnard. 82 Council discussed the center planter on Main Street and indicated they were in favor. Councilman Kuster made a motion to authorize preparation of a Resolution to the State Highway Commission requesting 4 lanes and parallel parking on Highway 82. Seconded by Councilman Clymer~ Roll call vote Councilman Kuster aye: Bergman aye; Clymer aye. Hans Gramig Letter and check received from Hans Gramiger was read by Mayor Barnard relating to a settlement out of court of $350,00, Council instructed Administrator Wurl to negotiat~o~ith DDM Construction on the amount billed the City. Councilman Kuster made a motion to accept the $350.00 from Hans Gramiger as settlement. Seconded by Councilman Bergman. Roll Call vote Councilmen Clymer aye; Bergman aye; Kuster aye. Letter Copy of letter sent to the State from Irene Tagert was read by Mayor Barnard Irene relating to liquor violation of Glenrose Drug for selling liquor on Christmas Tagerl Day. Mayor Barnard reported an inquiry was made to City and County Officials and Glenrose Drug was told they could stay open. Administrator Wurl reported the State Liquor Inspector is investigating the violation. Council agreed to let the State handle this. Councilman Bergman made a motion to adopt Ordinance #1, Series of 1968 on first reading and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Bergman aye; Clymer aye. 726 Special Meeting Aspen City Council JanUary 8~ 1968 Letter from Burgermeister Schumpp of Garmisch-Partenkirchen was read by Mayor Letter Barnard wishing all of Aspen a happy holiday, Burgermeister Correspondence from the Colorado Municipal League relating to the leagues Legislative League Program was submitted to Council, Council agreed to have Administrator Wurl represent Brea~st the City at the Legislative breakfast in Denver on the 26th of January, Discussed recent action on the par.t of :4 members of the Planning and Zoning Com- P & Z mission to write a letter to the City Attorney relating to zoning violation of Letter Matthew Drug and requesting action by the City, Letter from Attorney Scott requesting direction from Council or City Administrator was read by Mayor Barnard, Mayor Barnard stated the Planning and Zoning Commission does not have the authority of enforcement, this is a function of the building Inspector and also not all members of the Commission were consulted, Administrator Wurl reported the Building Inspector is prepared to enforce the zoning ordinance and is also prepared to take any action that would be required by the City. Council agreed this should be brought to the attention of the Planning and Zoning Commission. Councilman Kuster made a motion to have a meeting with the Planning and Zoning Commission on this misunderstanding and Administrator Wurl to handle the details, Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman Abstained, Motion carried, Council gave their approval to Administrator Wurl to send the proposed letter Elisha as §ubmitted by Mr. Wurl to Mrs. Elisha and the Aspen Institute on the Hotel Jerome, Letter Councilman Clymer made a motion to ratify the appointments of the following people Appointments to the following positions in the City Government: Ratified Marion Scott Police Chief Ramon Drehobl P~tiee Sergeant Greg Holmbeck Patrolman Alvin Zimmer Patrolman Steve Anticevich Patrolman Gary Wall Patrolman Dick Ri~chey Patrolman Jim Rozine Patrolman Leon A. Wurl City Administrator Roger D. Mahnke City Engineer Marvin Reynolds Chief Building Inspector Richard Flewelling Finance Director Thomas Maddalone Electric Superintendent Harold Smith Street Superintendent Teleo Caparrella Water Superintendent Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Kuster aye; Clymer aye. Mayor Barnard extended an official invitation to the Inaugural Ball. Inaugural Ball Councilman Clymer questioned the Butler building being constructed by the county. County Build. Administrator Wurl reported they were replacing the building which was blown down and only part of it is in the City. Administrator Wurl to check out. Councilman Clymer made a motion to adjourn at 6:10 p. mo, seconded by Councilman Kuster. All in favor, meeting adjourned. (_..~.~6rraine Graves, City 'Clerk