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HomeMy WebLinkAboutminutes.council.19690428910 Regular Meeting Aspen City Council April 28, 1969 Meeting was called to order by Mayor Robert Barnard at 4:00 p.m. with Councilmen Carl Bergman, John Benninghoff, Clyde Clymer, City Administator Leon Wurl and City Attorney ~lbert Kern. Councilman Clymer moved to approve the minutes of April 14th and 25th as prepared and mailed by the City Clerk. Seconded by Councilman Benninghoff. Roll call vote Councilmen Bergman aye; Benninghoff aye; Clymer aye. Administrator Wurl left Council Chambers. Mayor Barnard reported the minutes of the Pit'kin County Regional Service Authority' RSA - Minutes need to be approved and actions ratified. Councilman Clymer moved to approve the minutes o.f the Pit'kin County Regional~Service Authority and ratify the actions of same. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Mayor Barnard request permission from Council to appoint an alternate Councilmen Alternates to the Regional Service Authority Board during the absence of Councilman Kuster, so RSA that the City would have full representation on this Board. Mayor Barnard appoited ~Councilman Carl Bergman to ta'ke the place of Councilmen Kuster on the Regional Service Authority Board until the ~eturn of Mr. Kuster., City Administrator Wurl returned to Council Chambers. Ski Corporation Request - This itemwas tabled from the previous meeting inorder Ski Corporation that Council might review the area. in question. Engineering Department submitted Sts. & Alleys a map ~howing the name~ of the p=operty owners in question. Councilman Clymer stated he objected to vacating any street or alley designated on the map by the Ski Corporation except for the alley between Gilbert and Hill, on this he had no objection since half of the alley has already been vacated. Councilman Bergman stated he was not in favor of vacating any street or alley would favor closing only. Councilman Clymer moved to table this item at this time and instruct Administrator Wurl to discuss with the Ski Corporation the trading of land and what their purpose is in requesting these vacations. Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff nay; Bergman aye; Clymer aye. Motion carried. West Aspen Company Annexation Zoning - City Clerk reported the earliest possible W.A. Co.Zoning date for the hearing would be May 26th. Councilman Bergman made a motion to schedule a public hearing on zoning of the West Aspen Company Annexation for May 26th. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Clymer aye; Bennin.ghoff.aye. , City Administrator Wurl submitted to Council the lease agreement with the Bureau of Ute Patak Extensior Land Management for the 81.53 acres, located adjacent to Ute Children's Park for BLM a period of 25 years in the amount of $20.38 per year. Councilman Benninghoff made a motion to authorize the Mayor and City Clerk to enter into a lease agreement with the Department of the Interior, Bureau of Land Management in the amount of $20.38 per year for 81.53 acres for a 25 year period. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Agreement for Purchase and Sale was submitted by Administrator Wurl. Agreement Leo Rowland Prop. between City of Aspen and Leo A. Rowland for the purchase of the pro~ty across purchase agreement from City Hall, present location of the Little Cliff's bakery. Terms of the agreement call for~a down payment~of '$5,120~00 and,balance of $18,000 paid over a 60 mo~th period in the amount of $348.00 per month. Mayor Barnard stated he and Mr. Wurl have discussed this with Mr. Rowland and he has indicated this~agreement is acceptable to him. Discussed the use in which to put the property to. Councilman Benninghoff stated he would be against using this location for par'king, fe~is parking should be provided ~'~ by private enterprise. Councilman Bergman moved to enter into an agreement for purchase and sale with Leo A. Rowland and for the Mayor and City Clerk to execute same, property to be used for general use of the City other than par'ks and recreation. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Clymer aye; Benninghoff aye. 911 Regular Meeting Aspen City Council April 28, 1969 Acting Chief of Police - Councilman Clymer moved to confirm the appointment of Acting Chief of Richard Ritchey as Acting Chief of Police for the City of Aspen. Seconded by Council- Police man Bergman. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Pinocchio's Report on Pinocchio's from Sanitarian Koenig was submitted to Council relating that the improvements have been made concerning the storage of food. A report and pictures were submitted to Council on Garfun~kel's Restaurant from the Gar fun'kels Police Department. Councilman Benninghoff made a m~tion to authorize Administrator Wurl to send a letter of appreciation to the Colorado State Senators and Representatives relating our thanks on,the passage ~of the Metro Bill. Seconded by Councilman Clymer. Ail in favor, motion carried. ORDINANCE #10, SERIES OF 1969, AN ORDINANCE AMENDING TITLE I, CHAPTER 5, SECTION 1, Ord. #10 OF THE MUNICIP~AL CODE OF THE CItY OF ASPEN, COLORADO, ENTITLED WARDS AND ESTABLISHING Electinn Wards NEW ~ARD BOUNDARIES FOR THE CITY OF ASPEN, COLORADO was read on first reading in full by the City Clerk. It was reported this ordinance was prepared for more equal representation from the three wards. Attorney Kern reported under a second class city, you must have two' aldermen from each ward. A map was submitted by the City Clerk showing the division of wards and number of electors in each ward. Ward boundaries: Ward I - from east city limits to Galena Street, 392 electors;.~Ward II - f.rom Galena Street to Third Street, 371 electors; Ward III from Third Street to west City limits, 348' electors. Discussed the present ordinance which created 5 wards. Mayor Barnard explained the 5 wards were created when home rule was anticipated. Councilman Benninghoff questioned why a change is needed from the two ward system which existed. Mayor Barnard pointed out with 6 aldermen vs 4 alderman, you have better representation of the people. Councilman Clymer moved to adopt Ordinance #10, Series of 1969 on first reading and order the same published. Seconded~by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff nay; Bergman aye. Question was raised by Councilman Benninghoff if 2 ayes were enough to carry this motion. City Attorney Kern reported that it takes a majority of those elected to Council, therefore, the motion did not carry~ ORDINANCE #11, SERIES OF 1969, AN ORDINANCE AMENDING SECTIONS 1, 2 AND 3, OF CHAPTER Ord. #11 Fire 3, TITLE I, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED FIRE ZONES Zones AND CHANGING THE FIRE ZONES LIMITS was read in full for the first time by the City Clerk. Councilman Benninghoff questioned the small area encompassed in fire zone 1. Building Inspector Meyring stated to Council fire zone 1 is more strigent than fire zone 2 etc. The reason for this proposal is to strictly enfore the fire zones, con- struction is vm~y limited, i.e. fire zone 1 all masonry buildings. Fire zone 2 is ~sed as a protective bearer between 1 and ~. To put residential in any higher classification than 3 is an error because it ma'kes it prohibitive in conStruction. Administrator Wurl reported on the national level, their thinking is that the local level is too strigent on their regulations. Mr. Meyring stated in studying many towns, they are cutting down on their fire zones and strictly enforcing their building codes, there is not that much emphasis put on fire zones. Councilman Benninghoff stated in the areas where there are condominiums and high density, there should be protection with a higher fire zone ¢tRssification. Councilman Clymer moved to adopt Ordinance #ll,.Series of 1969 on first reading as read in full and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilman Benninghoff nay; Clymer aye; Bergman aye. Motion not carried. 912 Regular Meeting Aspen City Council April 28, 1969 ORDINANCE #12, SERIES OF 1969, AN ORDINANCE AMENDING PORTION OF CHAPTER 2, TITLE VIII, Ord. #12 AND REPEALING PORTIONS OF CHAPTER2, TITLE VIIS O~ THE MUNICIPAL CODE OF THE CITY OF Excavtions ASPEn, PERTAINING TOEXCAVATIO~S, AND HEREBY~DECLARING'AN~EMERGENCY TO EXIST was read in full for the first time by the City Clerk. Mayor Barnard questioned the number of days under Section 8-2-6 relating to the time a one block and one intersection could be blocked. Ordinance as proposed calls for 5 days. Mayor Barnard Stated he felt that 2 days would be'long enough, inmost. instances, one lan~ of traffic can be provided. If there are special circumstances City Administrator or Council could consider extension of time. Councilman Benninghoff moved to adopt Qrdinance #12, Series of 1969 and order same published with the following amendment: "It shall be unlawful to obstruct more than the space of one (1) block and one (1) intersection at the same time in any one (1) street or to keep the same blocked for more than two (2) days." Seconded by Council- man Bergman. ~ Roll call.vote - Councilmen Bergman aye;~Benninghoff aye; Clymer aye. RESOLUTION #3, SERIES OF :1969 as follows.was read in f. ull by the City Clerk: Sidewalks RESOLUTION #3, Series o~ 1969 ~ ~ WHEREAS, it appears from an investigation by the City Engineer that certain sidewalks in the City of Aspen, Colorado are in need of repair replacement or installation; and, WHEREAS, in accordance with Section:8-1-3 of the Official Code of the City of~Aspen and Section 139-78-3(8), Section 139-78-4(2) and Section 139-78-5 (CRS 1963), the Ci~yCounc~l of Aspen, Colorado, is authorized to order such repair, replacement or installation and special assessment'thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado that either repair, replacement_or installation of sidewal'ks along property adjacent to or abutting the following described lots in the City of Aspen, Colorado is hereby deemed to be necessary and the same is hereby ordered: Main Street ~Lots K. L, M. N, O, P, Q, R, S, Bloc'k 44, City and~Townsite of Aspen; East 15 feet Lot N, and Lots O, P,.Q, R, S, Block 51, City and Townsite of Aspen; Lots A, B, C, D, E, Block 52, City and Townsite of Aspen; Lots K. L. M. N, O, P, Q, Block 73, City and Townsite of Aspen. Second Street Lot A, Block 52, City and Townsite of Aspen. Mill Street Lot S, Block 81, City and Townsite of'Aspen. Hyman Street Lots R, S, Block 81, ~Ci~y and Townsite of Aspen. Hunter Street Lot I, Block 95, City and Townsite of Aspen. Lots I and S, Block 96, City and Townsite of Aspen. Spring Street · Lot S, Block 100, City and Townsite of Aspen. Cooper Street East 25 feet of Lot N, and~Lots O, P, Q, R, S, Block 100, City and Townsite of Aspen Lots K. L. M. N. O, P, Q, R, S, Block 105 City and Townsite of Aspen; Lots K. L. M. N, O, P, Q, R, S, Block 111; Lots L, M, N, O, P, Q, Block 95, City and Townsite of Aspen; Lots 13 and 14, Block 5, Riverside Addition to the City and Townsite of Aspen; Lots K. L,~M~N, O, P, Q, R~ S, Block 117 City and Townsite of Aspen and Block 35, East Aspen Addition to the City and Townsite of Aspen; Lots K, L, M, N, O, P, Q, R, S, T, U~ Block 34, East Aspen Addition to the City and Townsite of Aspen. SidewaIks IT IS FURTHER RE~SOLVED that notice in w~i~ing.s.hall be served upon each of the owners or person in charge o~f the premises on ,the [. line of the sidewalk project, and that such notice ~hall ~equire such persons to comply with the above order to repair, replace or ! install sidewaIks to meet the standards set by the City Engineer within ten (10) days from serving of suCh notice and,=in the event, the owner of the above described property cannOt be found within the limits of this City, 'said notice shall bepublished once in the official paper of the City, and such publication Shall'have the same effect on the 5th day after publication as if the notice had been personally served upon such owner; and if the sidewalk is not :i repaired, replaCed or installed by the owner to let the work be done by the City and costs assessed against the property owner for collection. Administrator Wurl suggest Council consider calling for bids on hhe basis of alternates and consider staying with concrete in the commercial zones and in the residential zones cons£der using asphalt. Councilman Benninghoff pointed ant at one time it was requested that in the residential zones to let a majority of the property owners in each bloe'k decide where the sidewalk woald be located, this should also be done with this sidewal~k district. City Attorney Kern pointed out that the City under the Statutes do-es have the authority to install, repair or replace a sidewal'k if the property owner Roes not do so within a specified time from the date Of notice. AdministratOr Wurl reported the sideWaIks listed in'this resoluti°n are not in residential zones. Councilman Clymer moved to 'adopt ReSolution #3~~ series of 1969 as read in full. Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Fence - Shaw Councilman Benninghoff questioned the barb wire fence in the street by Mrs. Shaw. A child crashed into the fence. Administrator Wurl to handle. i Sanitation A letter and resolution from the Pit~in County Construction Association was read by Mayor Barnard relating to-sanitation. Sanitation A letter addressed to the Illustrated News, copy to Council, from Mrs. Paepcke relating to sanitation was read by Mayor Barnard. Colo.Mt.College A letter from Colorado Mountain College relating their thanks for the use of office space in City Hall was submitted. P & Z - Tache Letter of resignation from Yvan Tache of the Planning and Zoning Commission was read Resignation by Mayo~ Barnard. Mayor Barnard stated he would fill this vacancy at ~the next meeting. Golf Course - Administrator Wurl reported the lease has been returned by the Investment Golf Course Company with the inclusion of a side'~:~agreement relating to maintenance. Mr. Crosby requests the items listed in the side agreement plus what isprovided in the lease. One o'f the items mentioned by Mr. Wurl is the request that the greens be aireated 3 times during the summer. Mr. Wurl explained'to d° this the City has to rent the equipment which would amount to approximately $10 per green. Mr. Wurl alSo stated West Aspen Company says the pump belongs to Wally Mills. Di'scussed this with Mr. Mills and he is requesting $500 for use of the pump during the summer. ~Council agreed to have Mr. Wurl negoiate with both Crosby and Mr. Mills in the best interest of the City. Councilman Benninghoff request Council aSk that further.consideration be given by the Height Open Space Planning and Zoning on Councils~request for a reCommendation'or proposal on 40' height of buildings and 25% open space. Councilman Benninghoff made a motion that Councii send a letter to Planning and Zoning requesting immediate attention to CounCil's request for a recommendation or proposal requiring 40' height of buildings and 25% open space. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Bicycles Councilman Clymer questioned the number of bicycle riders who are not using signals. Administrator Wurl to handle. ~ Teen Center Teen Center - Administrator Wurl reported the pouring of the concrete would be completed by next week. Trees Council questined if a tree planning program would be handled by the City this year. Mr. Wurl reported this had been ta~ken out of the budget. Councilman Clymer moved t° adjourn at 6:30 p.m~ s~d by Co~man. Ail in faxo r, meeting adjourned. ~orraine Graves, City Clerk