Loading...
HomeMy WebLinkAboutminutes.council.19681125 848 __Regular Meeting Aspen Cit~ Council November 25, !968 Meeting was called to order by Mayor Robert Barnard at 3:45 p.m. with Councilmen Werner Kuster, John Benninghoff, Clyde Clymer, City Attorney Albert Kern and City Administrator Leon Wurl. ~ .... Councilman Clymer made a motion to approve the minutes of NOvember 18th and 25th as mailed Seconded by Councilman Kuster. Roll call vote - Oonncilmen Clymer aye; Benninghoff aye; Kuster aye. Hotel J~mme - Mayor Barnard opened the public hearing for a beer, wine and spirituous Hotel Jerome liquor license at the Hotel Jerome. Liquor License City Clerk submitted to Council copies of all documents required by State and City, Council reviewed same. Mayor Barnard questioned the report given by Chief Scott relating to the fingerprints. Report had not been received from the FBI this date, only a name check. Councilman Bergman arrived. Mayor requested if there were any comments from the floor, there were none. Mayor Barnard c~s&d the public hearing. Councilman Clymer made a motion to issue a beer, wine and spirituous liquor license to the Hotel Jerome pending a clear report from the FBI on the fingerprints. Seconded by Council- man Bergman. Roll call vote - Councilmen Bergman aye; Kuster abstain; Benninghoff nay; Clymer aye. Motion carried. Councilman Clymer made a motion to approve the renewal applicati°n for a beer, wine and Renewal - Hotel spirituous liquor license for the Hotel Jerome pending a clear report on the original appli Jerome cation from the FBI. Seconded by Councilman Bergman. Roll call vote Councilmen Kuster abstain; Bergman aye; Benninghoff nay; Clymer aye. Motion carried. Tico's of Aspen - Mayor Barnard opened the public hearing for a beer, wine and spirituous Tico's of Aspen liquor license. Liquor License City Clerk submitted to Council copies of all documents required by the State and City, Council reviewed same. Attorney Kern outlined what has hap~pe~ed since the time of submitting an application in 1967. Prior to taking any action on the 1967 application, suit was filed by the Wood- lander, went to Court and is still in court. Now a settlement agreement has been signed by the owners of the Woodlander and Tico's and will not stand in their way for a license for Tico's. The settlement agreement still reqtires approval by the court. Councilman Bergman made a motion to approve the application for a beer, wine and spiritu- ous liquor license for Tico's of Aspen for the remainder of 1968. Seconded by Councilman Clymer. Roll call.vote - Councilmen Benninghoff aye; Bergman aye; Clymer aye; Kuster abstain. Motion carried. Councilman Bergman made a motion to approve the renewal application for 1969 for Tico's of Tico's -Renewal Aspen. Seconded by Councilman clYmer. Roll call vote - Councilmen Kuster abstain~?Benning hoff aye; Clymer aye; Bergman aye; Motion carried. ORDINANCE #37, SERIES 1968, AN ORDINANCE AMENDING CHAPTER 18, TITLE I, OF THE OFFICIAL CODE Ord. #37 OF THE CITY OF ASPEN, COLORADO, PERTAINING TO PERSONNEL, AND DECLARING AN EMERGENCY TO Personnel EXIST was read by title only, as agreed by Council, on second reading by the City Clerk. Councilman Kuster ma'de a motion to adopt Ordinance #37, Series 1968 on second reading and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymen Clymer aye; Kuster aye; Benninghoff nay; Bergman aye. Motion carried. . ORDINANCE #43, SERIES 1968 - Councilman Benninghoff reviewed the ordinance. Ord. #43 Appropriations ORDINANCE #44, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 12, SECTION 1, OF THE Ord. #44 ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE OFFICE OF CITY ATTORNEY was City Attorney read by title only, as agreed by Council, on second reading by the City Clerk. Councilman Clymer made a motion to adopt Ordinance #44, Series 1968 on second reading and order the same published. Seconded by Councilman Kuster. Roll call vote - Councilman Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. R~gular Meeting Ord. #42 ORDINANCE #42, SERIES 1968, AN ORDINANCE AMENDING TITLE XL, CHAPTER 1, OF THE ZONING CODE Duplexes OF THE CITY OF ASPEN, coLORADO, PERTAINING TO THE DEFINITION OF DWELLING TWO-FAMILY, was. read in full for the first time by Mayor Barnard. Councilman Kuster made a motion to adopt Ordinance #42, Series 1968 on first reading and i i order the same Published. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Ord. #43 ORDINANCE #43, SERIES 1968 - Discussed the increased mill levy and gross receipts tax as Appropriations relates to the appropriations - bond and interest. F. Whitaker Attorney Kern read correspondence received from Attorney Leslie Gross relating to a settle- Settlement Offer ment offer by Mr. Whitaker of $5,000. cash payable forthwith from the City. If the City pays the $5,000, Mr. Whitaker will not press damages or attack Ordinance No. 24, or appeal the contempt citation ruling and will release the finance director and all other City Officers and Agents from personal liability for damages relating to the distraint. Attorney Kern stated he had not had time to discuss this with Attorney Roan.s Attorney Roan will be in Aspen on Monday and would discuss this with him at that time. Councilmen Benninghoff and Kuster request that if the gross receipts tax stays in, that the funds that were to be used for bond and interest payments be allocated as such in the appropriations ordinance. Feel that even though the increase of 10 mills has been approved f0r the purpose of paying on bonds and interest, it is a fairer thing to the citizens of Aspen to also pay on bonds and interest with the funds that were to be set aside from the gross receipts for bond and interest, not in contingency. Councilman Benninghoff stated he was under the impression that all the funds received from the g~oss receipts tax went into bond and interest payments. Council request the City Clerk send copies to Council of all minutes relating to the gross receipts tax. Council instructed Administrator Wurt to re-write Ordinance No. 43 to include that a like amount (as the 10 mill levy) be also appropriated to bond and interest from funds of the gross receipts tax. Councilman Kuster left Council Chambers. i Resolutions #2. Mayor Barnard read Resolution #21,.Series 1968 (previously approved) and presented a 25. formal resolution to Officer Joe Lee. 'Remodeling Cryst~lForms required by the State for remodeling.of liquor establishments were submitted by the Palace, Randy Tai City Clerk on the CryStal Palace and the Randy Tar Bar. Council reviewed the forms. Councilman Kuster returned to Council Chambers. Little "B" Mayor Barnard questioned if the remodeling being done at the Little "B" met the fire code. Fire Code Administrator Wurl to check out, Councilman Clymer made a motion to approve the remodeling for the liquor licensed premises of the Crystal Palace and the Randy Tar Bar as submitted. Seconded by Councilman Berg- man. Roll call vote Councilmen Clymer aye; Kuster aye; Benninghoff aye; Bergman aye. Appointments Appointments - Board of Examiners and appeals. Mayor' Barnard appointed Earl Schennum, E. Schennum upon his acceptance, as the general contractor on the Board of Examiners and Appeals. Mayor Barnard stated he would appoint the vacancy of an architect on this board at the next meeting. Board of Adjustment - Three member's terms expired November 1; one to expire on December 20th. Names submitted were: John Dukes, Remo Lavagnino, Pat Erhart, Romeo Pelletier, Dick Wright, Don Fisher and Bob Fisher. Councilman Benninghoff request Francis Whitaker's name be added to the list. Remo Lavagnino Councilman Kuster made a motion to appoint Remo Lavagnino for a 3 year term on the Board of Adjustment to replace Francis Whitaker. Seconded by Councilman Clymer. Roll call Regular Meeting AsPen City Council November 25~ 1968 vote - Councilmen Benninghoff nay; Bergman aye; Kuster aye; Clymer aye. Motion carried. Councilman Bergman made a motion to appoint Pat Erhart for a three year term on the Board Pat Erhart of Adjustment to replace Heather Tharp. Seconded by Councilman Kuster. Roll call vote - -- Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Councilman Clymer made a motion to appoint John Dukes for a three year term on the Board John D~kes of Adjustment to replace Steen Gantzel. Seconded by Councilman Kuster. Roll call vote - Councilmen Benninghoff aye; Kuster aye; Clymer aye; Bergman aye. Replacement for Donald Swales was tabled by council till the nex~ regular meeting. Taxi Company request - Taxi Stands - Administrator Wurl reported the Taxi Company has Taxi Stands agreed to combine the two stops Of the Red Onion and Glenrose Drug for the area in front of Sunnie's Rendezvous. Also agreed to use the bus stop area. Councilman Kuster made a motion to approve a request of the taxi company for 2 areas; in front of Sunnie's and bus zone for taxi stops for on calendar year. Seconded by Council- man Bergman. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye;~Benninghoff aye. Parking Lots - Administrator Wurl reported he had been contacted by Attorney Wendt of the Parking Lots Aspen Grove Company~ on Che lot between Hi-Country Lumber and Dr. Crandall's office. Owners of the lot were under the impression there would be no charge for parking. Since the City has discussed a charge for parking, they now feel perhaps they are not charging enough for the lease. Administrator Wurl to continue negotiations. Administrator Wurl also reported he is looking into the area between Little "B" and the Sweet and Snack on Cooper. Highway Meeting - Administrator Wurl reported he had attended along with County Commissi, State Highway oner Orest Gerbaz the meeting and presented the City and County requests. Also discussed, Meeting with the Highway Commissioners, the railroad crossing down by Hi-Country Lumber, this side of Basalt. Wurl also reported Mr. Schumate will be in Aspen on Tuesday and would discuss further with him Aspen's highway problems. Teen Center - Administrator Wurl rePorted progress is slow. Councilman Benninghoff ques- Teen Center tioned if a preliminary plan could be drawn up. Administrator Wurl reported plans have been made as to major items such as sewer, soda fountain, etc.; the rest was to be up to the students as to what they desired to do. Administrator Wurl reported the street will have to be cut to make the sewer connection. Street Cuts Discussed the condition of the streets from recent cuts made. Councilman Benninghoff made a motion violators of the execavation ordinance be given 72 hours to finish street cuts to standard usage, if not, they are subject to additional fine. Seconded by Councilman Kuster. Attorney Kern stated rather than make a new motion, just enforce the ordinance already existing. BLM Land - Administrator Wurl reported they are willing to lease the City 81 acres adja- BLM Land cent to Ute Park at 25¢ per acre. Their policy is to lease the land for a year or two and then the City will be alloWed to purchase the land at $2.50 per acre. Bus Route - Maps were submitted showing the bus stops and a request to eliminate parking Bus Stops on the north side of Durant for 5 blocks to be used only for bus travel and stops. Council questioned the number of parking spaces that would be eliminated with a 5 block are Council agreed with the following: : Eliminate parking on the north side of Durant along Ruby Park and Wagner Park for bus use only. 851 Regular Meeting Aspen City Council November 25, 1968 Bus Stops Bus Stops: West end at the Villa and 8th Street Both sides of Main Street at Arthur's Restaurant Paepcke Park Catholic Rectory Original and Hyman Durant and Spring Ruby Park Wagner Park Aspen and Cooper on west side of street Cooper and First at the Lodge Street Cuts Excavations - Albert Kern read the excavation ordinance. Councilman Benninghoff made a motion to instruct Administrator Wurl to notify violators that they have 72 hours in which to clean up the streets or a complaint will be signed. Seconded by Councilman Kuster. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Civil Action Civil Action 3900 - Mayor Barnard reported the City had won the contempt case. ~3900 P & Z Appoint- Lehnie Lookner questioned how people are selected for the Planning and Zoning Commission. ments Council informed Mr. Lookner that anyone who is interested to write a letter to the City so indicating their willingness to serve. Street Storage Councilman Clymer request Administrator Wurl warn those persons who were given permission to use the streets for storage of material to have the streets cleaned up by December 1st as per permission granted by Council. Rules of Proce- Mayor Barnard questioned if Council desired to establish, by Resolution, rules of pro- dure cedure for Council. Mayor Barnard read from the "Handbook for Mayors and Councilmen" sections relating to being excused from attendmnce and being excused during the meeting. Councilman Benninghoff pointed ou~ by Statute, you are only required to attend two meetings during a term of office, the organizational meeting and the last meeting before the election when salaries are established for incoming officials. Attorney Kern stated the statute does provide for penalities for non-attendance. Council request Attorney Kern look into this. Councilman Kuster made a motion at 6:00 p.m. to adjourn this meeting till December 2nd at 3:30 p.m., seconded by Councilman Bergman. Ail in favor, motion carried. l. .~-~L~o~rraine Graves, City Clerk Adjourned Meeting Aspen City Council December 2, 1968 Meeting was called to order by Mayor Pro Tem Werner Kuster at 3:45 pm. with Councilmen Carl Bergman, John Benninghoff, Clyde Clymer, City Attorney Albert Kern and City Adminis- st~ator Leon Wurl. Ord. #45 ORDINANCE #45, SERIES 1968, AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES Appropriations AND LIABILITIES OF THE CITY OF ASPEN, COLORADO FOR THE CITY'S FISCAL YEAR BEGINNING JAN- UARY 1, 1969, AND E~IDING ON THE LAST DAY OF DECEMBER 1969 was read in full for the first time by the City Clerk. Councilman Clymer moved to adopt Ordinance #45, Series 1968 on first reading as read in full and order the same published. Seconded by Councilman Bergman. Councilman Benninghoff stated he felt the $89,314.40 listed under General Obligation Bond Retirement and Interest Fund as contingency should be listed as bond and interest payments,i not contingency. $52 Adjourned Meeting Aspen City_Council December 2, !968 Administrator Wurl and Attorney Kern explained that even though it is listed as contin- Ord. #45 gency, it cannot be used for any other purpose without authorization from Council to trans. Appropriations fer the money to another ~cc06nt. Roll call vote Councilmen Bergman aye; Clymer aye; Benninghoff nay; Mayor Pro Tem Kuster aye. Motion carried. Letter read by the City Clerk from Mr. John L. Hayes requesting permission to gerate a Horse Drawn horse drawn sleigh, one sleigh which would carry 12 people. Sleigh Councilman Clymer made a motion to grant permission as per request of two people to use the City streets for a horse drawn sleigh for the route as outlined on the map submitted on the condition the operation abides by the State and City laws and approval is granted by the City Attorneyz~on the insurance liability coverage. Seconded by Councilman Bergman. Roll call vote Councilmen Bergman aye; Benninghoff aye; Clymer aye; Mayor Pro Tem Kuster aye. Attorney Kern outlined and informed Council the City's Lots 9, 10, 11, 12, in Capital Hill Capital Hill Lots! Addition is involved in the Coriolanus Case. 9, 10, 11, 12 Administrator Wurl request authorization to represent the City of Denver on the Municipa! Legislative League Legislative Proposals. Proposals Councilman Bergman made a motion to authorize Administrator Wurl to travel to Denver to represent the City. Seconded by. Councilman Clymer. Roll call vote - Mayor Pro Tem Kuster aye; Councilmen Bergman aye; Benninghoff aye; Clymer aye. Councilman Clymer questioned what the story was on the driveway at Guido's. Councilmen Guido's Drive- stated Guido had related to them, he had called the police department to remove a car way parked in front of his driveway and they had refused to do so. Administrator Wurl to check out. Councilman Kuster questioned the trucks when angle parked on the streets next to the alley Alleys entrances, another truck coming out of the alley has to use the entire street to turn into the street. Administrator Wurl reported the curbs were painted when parallel parking was in effect. Attorney Kern stated that the truck parked on the street too close to the alley entrance ~ is in violation of blocking the alley. Administrator Wurl reported Aspen Construction, Tom Daly, Esco and Luhnow all received Violation Street tickets for not having the streets cleaned up. Storage Councilman Bergman made a motion to adjourn at 4:20 P.M. seconded by Councilman Clymer. Ail in favor, meeting adjourned. City Clerk