Loading...
HomeMy WebLinkAboutminutes.council.19690113 $59 ....... Regular Meeting Aspen EitM~C0un¢il January 13, 1969 'Meeting was called to order by Mayor Robert Barnard at 3:30 p.m. with Councilmen Carl Bergnmn, Werner Kuster, John Benninghoff, Clyde Clymer, City Attorney Albert Kern and City Administrator Leon Wurl. The accounts payable were given to Councilman Carl Bergman to chec'k. Councilman Kuster made a motion to approve the minutes of December 9th and 23rd as prepared andmmiled by the City Cler'k. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Mayor's Deed Mayor's Deed - Kopp - City Attorney reported both he and the City Engineer had chec'ked Kopp out the deed and is all in order. Councilman Clymer made a motion to authorize the Mayor and City Clerk to sign a Mayor's Deed to Robert and Amelia Kopp. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Cl.ymer aye. Appointments ~ Board of Adjustment - Letter from William Comcowich was read by Mayor Bd. of Adj. Barnrd relating his desire to serve on the Board of Adjustment. W.Comcowich Councilman Bergman made a motion to reinstate Donald Swales for another term on the Board of Adjustment. Seconded by Councilman Clymer. Roll call vote - Councilmen Berg- man aye; Clymr aye; Benninghoff nay; Kuster nay; Mayor Barnard nay. Motion not carried. Councilman Benninghoff made a motion to appoint William Comcowich for a three year term to the Board of Adjustment to replace Donald Swales. Seconded by Councilman Kuster. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Kuster aye; Bergman aye. Examiners and Appeals - Mayor Barnard stated he would appoint Donald Burnett to the Examiners & Appea Board of Examiners and Appeals 'to replace William Comcowich D.Burnett Mayor Barnard reported on discussions he had with City officials in Carmel, California relating to Francis Whita~ker's actions when he lived in Carmel. These officials stated that the tactics used by Mr. Whitaker in his relationship with Whita~ker-Carmel city officials in Carmel was much the same as he is doing here in Aspen. They also ~ Calif. pointed out that in the late 20's and early 30's, Mr. Whita~ker was a card carrying communist. Mayor Barnard suggested that ~1) pursue investigating this and see if the statements are true by taking depositions from the two City officials in Carmel, and #2) that Mr. Whitaker be suspended from'the Planning and Zoning Commission until the City finds out if these facts are true. Mayor Barnard left Council Chambers for telephone call. Discussed recent advertisement in the Aspen Times relating tothe Gross Receipts Tax by Mr. Whitaker. Attorney Kern reported he had received a call from Whita'ker to the effect that if the City would not settle he would put the advertisement in the newspaper. Mayor Barnard returned to Council Chambers. Councilman Kuster made a motion that City Attorney Kern look into the steps necessary for the taking of depositions. Seconded by Councilman Bergman. Attorney Kern stated he did not thi~k this was Council's perogative or duty. Suggest Council reconsider or.at least think, about this till the next meeting and also suggested Councilman Kuster withdraw his mo~ion and Councilman. Bergman withdraw his second. Also stated Council could look into his atatus in Carmel and his relationship with the City since it would be a matter of court record. Councilman Kuster withdrew his motion and.Councilman B.ergman withdrew his second. Councilman Benninghoff made a motion any investiga~ivm action be delegated to the City Attorney, he being the only one empowered to do anything in regard to this or any investigation'and: that mll such investigation be made public at the next Council meeting or as soon as it is avai:labt~. M~tion died for lac'k~of second. Councilman Kuster made a motion to instruct the City Attorney to loo'k into matters of the circumstances under which Mr.~ Whi~gker left Carmel. Seconded by Councilman Bergman. Roll call vote - Councilmen Cl.ymer..aye; Kustar aye; Benninghoff nay; Bergman aye; Motion carried. $6O Regular Meetin~ ....... ~spe~ city C0unci? January 13, 1969 Planning and Zoning Appointment - Councilman Bergman made a motion to appoint Robin P & Z Appoint. Molny for a six year term to the Planning and Zoning Commission to replace William Molny Tharp. Seconded by Councilman Clymer. Roll call vote - Councilmen Benninghoff aye; Kuster aye; Clymer aye; Bergman aye. Tom Benton Proposal - Mr. ~Benton proposed the Council and Planning and Zoning initiate ~ the procedures to change the zoning to conform to the density in the Master Plan as Tom Benton originally proposed. Request a change me made .in the density as follows: Zoning Proposal Multi Family - 1500 sq.ft, of land area Accommodations - 750 sq,ft, of land area Boarding and Rooming Houses - 500 sq,ft, of land area Reason for this proposed change is to eliminate large projects being built from lot line to lot line. Mr. Benton stated there are many people in town that do not agree with the type of building which has happened this last summer. Also request the City initiate scale control, meaning a certain percentage of a site left open as open space. Mr. Benton reported he would be willing to do what the City desires to get these changes made. If there are any doubts would like to request a special election. Council suggest Mr. Benton submit his proposal to the Planning and Zoning on Tuesday, following day. It was reported a portion of the parking area at the Aspen Square building is being use for storage. Administrator Wurl to ch~ck out. Mr. Benton questioned buildings being occupied prior to receiving certificates of occupancy. Robin Molny stated he felt the Building Inspection Department was the weakest department in the City. Occupancy Certif. Administrator Wurl reported the owners of these buildings have been notified by letter and also the buildings have been posted that they are unsafe to occupy. Next step is to either have the building inspector or City Attorney sign complaints and bring court action. Administrator Wurl suggest on the zoning changes to ~1) investigate petitioning this on the ballot and f~2) a motion on the part of the City Council to the Planning and Zoning giving their support to the proposal. Councilman Benninghoff made a motion that the City Council recommend that the Planning and Zoning give immediate consideration to Tom Benton's proposal which will be presented to them on the 14th and that the City Council supports this proposal. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Cly~r aye ; Kuster aye; Benninghoff aye. Rooming House Licenses ~ The folowing applications for licenses were submitted by the City Clerk, all in order: Rooning House Licenses Chateau Blanc f~10 Norway Lodge St. Moritz Nors'ki Lodge Hotel Jerome The Lodge Councilman Clymer made a motion to approve licenses for 1969 for the rooming house applications as submitted by the City Cler'k. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. ORDINANCE f~l, SERIES OF 1969, AN ORDINANCE AMENDING TITLE IV, CHAPTER 3, OF THE BUILDING CODE OF THE CITY OF ASPEN, COLORADO PERTAINING TO THE PLUMBING CODE AND ~rd. ~1 DECLARING AN EMERGENCY TO EXIST was read in full for the first time by the City Cler'k. Plg. Councilnmn Cly~er moved to adopt Ordinance ~1, Series 1969 as read in full on first reading by the City Clerk and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. ORDINANCE f~2, SERIES OF 1969, AN ORDINANCE AMENDING TITLE IV, CHAPTER 6, OF THE BUILDING CODE OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE WARM AIR HEA~ING, Ord. ~2 Heating VENTILATING AND AIR CONDITIONING CODE AND DECLARING AN EMERGENCY TO EXIST was read in full for the first time by the City Cler~k. Councilman Kuster moved to adopt Ordinance ~2, Series 1969 on first reading as read in full by the City Clerk and order the same published. Seconded by Councilman Clymer. ~. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. $61 Regular Meeting Aspen City Council January 13, 1969 Discussed the venting problem at Garfun'kle's Delicatessen and the cinder bloffk fireplaceM Bldg. Violation in the Aspen Square Building. Discussed the problems involved in keepzng the inspection ~ up with construction. Councilman Benninghoff moved to instruct City Administrator Wurl to hire one or two additional inspectors or engineers competent enough to inspect as per the code. Seconded by Councilman Kuster. Councilman Clymer stated he felt it was a matter of continuing enforcement rather than hiring additional people to tell us what we already 'know. Councilman Benninghoff withdrew his motion and Councilman Kuster withdrew his second. Councilman Kuster made a motion to instruct the City Administrator to submit the list of violators on certificates of occupancy to the City Attorney for furtherlegal action. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; .Clymer aye; Kuster aye. RESOLUTION fJl, SERIES 1969 as follows was read in full by the City Clerk: Resolution f~l ExcursiQn Train RESOLUTION ~17 ~e~i~s--l~6~ -- -- WHEREAS, par. ti~s have expressed an interest in operating and maintainin~g an excurs-ion train between Glenwood Springs and the Aspen area; aqd, WHEREAS, the operation of an excursion train with a locomotive steam engine to provide passenger service between Glenwood SpriBgs and the Aspen area would not only be a historical attraction, but a convenience to the traveler which has been long absent in the area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the City Council hereby endorses and e~courages the operation of. a passenger train between Glenwood Springs and Woody Creek, Colorado. Administrator Wurl reported theCounty Commissioners had passed a similar resolution. Councilman Qlymer questioned the taking up of the tracks from Woody Creek to Aspen. /Stated once they are gone, we will never get them back. Mrs. Paepcke state~ the area where the tracks are is the only place left for ho~se- back riding trail, hiking, bird watching and just generally for nature lovers to go. Feel that the tracks should b~e taken up. Councilman Benninghoff made a motion to aodpt Resolution ~1, Series 1969 as read in full. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye; Clymer aye. Pinocchio's 3.2 Beer Renewal - Ail forms required by the City and State were Pinocchio's submitted by the City Clerk. Mayor Barnard questioned the .repor~t by- the Sanitarian. rela~ing to the storage of food in the alley. Report also showed that the Sanitarian had recommended the restaurant license from the State for 1969 be issued on a probationarey basis in order that he be assured that the restaurant would show continual state of compliance with the laws governing restaurants. Councilman Clymer also-reported there is. a layer of grease on the roof. Administrator Wur! ~reported there are 2 police reports on failure to comply with the employee registration or~inance.~ · . . Gary Luhnow, one of the .owners, was present and stated deliveries have to be stored in the alley for a period of time because there just isn't enough time and space to bring the deliveries in immediately upon arrival. Also stated this morning shelves had been built in the back of the building approximately 6" to 8" off the ground to store the deliveries until they can broken openb~y dogs in the alley was. submitted to Council. $62 Councilman Clymer made a motion to table this application until they conform to state Pinocchio's requirements and at that time City Administrator c~ll a ~pecial.meeting of'the Council. ' Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye'; Benninghoff aye; Clymer aye; Kuster abstain. Motion carried. Chamber Budget - Administrator WurI re.commend~the~CoUncil authorize' the C~amber budget to be divided into 12 equal payments that are just paid Out to them each~month. ~Atso Chamber stated the City should have a report each month from the Chamber showing how this money Budget Councilman Benninghoff made a motion that the City disburse the money into 12 eqqal payments over a' 12 month.period and a,diSb~rsement ~shee~ b~ submitted to the City Administrator each month. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Clymer. aye; Benninghoff aye; Kuster .aye,. - - Castle Creek Dam z. Administrator Wurl requ&~st authorization from council to negoiate with the Colorado Water Conservtion District to perhaps jo'in with them and take Castle Creek advantage of their earlier decree which was in 1959 on a dam site location. Dam Councilman Kuster made a motion to authorize the City Administrator and City Attorney to enter into negoiations with the Colorado Water Conservation District for a dam site location on Castle Creek. Seconded by Councilman Bergman. Roll call vote Councilmen Kuster aye;Clymmr aye; Benninghoff aye; Bergman aye. Auditor - Administra~torWurtrecommend:appointment~of Daniel-Handy of Glenwood Springs as the auditor for the City. -Recommendation-based on the fact that 't~e City has been Auditor very satisfied with Mr. Handy's wor'k in the past,. Councilman Bergman made a motion-to 'designate Daniel Randy'of Glenwood Springs to audit the City's boo'ks for the year 1968. Seconded by Councilman Clymer. Roll call vote Councilmen Clymer aye; Bergman aye; Kuster aye; Benninghoff aye. Accounts Payable - Councilman Bergman made. a m~tion to, approve the accounts payable as submitted by the Fi, na. nce Department. Seconded by Councilman Clymer. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye;:Clymer aye. Boy Scouts - Administrator Wurl reported in the past years the City has donated $50.00. Boy Scouts Councilman Benninghoff made a motion the City continue th&ir donation to the Boy Scouts in 1969 the same amount as previous years. Seconded by Councilman Kuster. Roll call vote - Councilmen Clymer aye;Kuster aye; Bergman aye; Benningho'ff aye. Opera House Roof - Administrator Wurl reported Mr. William Tharp of the Wheeler Opera House Company had stated to him that they understand they are responsbile to correct Opera House the problem of the icicles over the Thrift Sh~p enDrance. It will be done as soon as possible. Tow Zones - Administrator Wurl request-the area south side of Cooper between Spring and Hunter and south side of Durant from Galena to Huntem be i~cluded in the tow away Tow Zones zone due to the difficulty of removing ice and snow. Councilman Kuster made a motion to authorize the area proposed by Administrator Wurl be included in the tow away zone. Seconded by Councilman Clymer. Roll call vote - Council- men Kuster aye; Clymer aye; Benninghoff aye; Bergman aye. ' ' Administrator Wurl also reported the Council needs to approve the election of the fire chief - Willard Clapper and assistant fire chief - Harold Smith. Fire Dept. Officers Councilman Bergman made a motion to approve the election of Fire Chief Clapper and Assistant Fire Chief Smith. Seconded by'Councilman Clymer. Ail in favor, motion carried Radio Bids - Administrator Wurl explained the specifications; were prepared by Motorola, which specifications did not meet the State standards.- Therefore, the bid submitted by Radios Motorola were as per specification. Administrator Wurl recommended Council approve the new bid submitted by Motorola in the amount of $1670.00 due to better maintenance program by Motorola. - - Councilman Benninghoff made a motion to approve the bid by Motorola in the amount of $1670.00 for two radios. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye; Clymer aye. 863 Regular Meeting Aspen City Council January 13, 1969 Winterskol Winterskol Parade - A map outlining the route was submitted by Administrator Wurl as Parade follows: beginning at Garmisch on Main to Mill, up Mill to Cooper, on Cooper to Galena, up Galena to Durant and ending at Spring. Councilman Bergman made a motionto approve the route of the winterskol parade as outlined by Administrator Wurl. Seconded by Councilman Clymer. All~infavor, motion carried. Parking lot report - Administrator Wurl reported the City has received the lease on Parking Lots the area between the Sweet and Snack and The Shaft on Cooper. Legislative Report - Wurl reported thelegislative committee will be meeting again on Legislature the 15th.of January, Legislature is in session and request if there are any proposals to which the Mayor or Council do not agree, to contact Mr. Wurl so that he can relay this information. AdministratorWurl submitted to Council for review police.report on the Aspen Inn and a report on cigarette tax. Councilman Benninghoff questioned the City purchasing an end gate for the maintainer. Council Coments Councilman Kuster questioned the steps in the Aspen Square alley. Councilman Bergman request 8th Street from the Highway to Francis Street be closed off so children can slide their sleds there. AdministratorWurl to chec'k into. Councilman Kuster stated to Mr. Dunaway of the Aspen Times that he would like to than'k Mr. unaway on his article or report of the year, khere was nothing complimentary abou~ the City. Councilman Bergman made a motion to adjourn at 6:45 p.m.~ seconded by Councilman Kuster. All infavor, meeting adjourned, ~____~rraine Graves, City Clerk