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HomeMy WebLinkAboutminutes.council.19690728 900 __ Regular Meeting Aspen City Council July 28, 1969 Meeting was called to omder by Mayor Robert Barnard at 3:40 p.m. with Councilman Carl Berg- m~n Werner Kuster, John Benninghoff, Clyde Clymer, City Attorney Albert Kern and Assistant City Administrator Richar Flewelling. Minutes Councilman Kuster moved to approved the minutes of July 14, 1969 as prepared and Minutes mailed by the City Clerk. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Mr. Ed Graves of Glenwood ~prings wa~ p~esent representing the Four-County Resource Plannin~ 4 County and Development and outlined that thzs zs a program under the Department of Agrzculture for Resource Planning the purpose of seeing that rural areas obtain ~the benefits to which~ they are entitled to. & Development Mayor Barnard left Council Chambers. Official approval has not been given on any one project although 5 or 6 meetings have been held to date. The next Meeting will be held at the Colorado Mountain College on August 7th which includes a seminar in the afternoon, buffet supper, and business meeting in the evening. Dr. J. Sterling Baxter will be at the August 7th meeting to represent the County Commiss- ioners . A Steering Committee has been appointed of which Marion Scott of the City was appointed. This organization is interested in developing green strips along the rivers, transportation water, sewer etc., items which involve and are in the realm of multi-county projects. Richard Flewelling, Assistant City Administrator left Council Chambers. Mr. Graves stated he is appearing before Council today to requestion sponsorship from the City of Aspen, If at some later date funds are requi~red, would make the ~equest at that time. Mayor Barnard and Assistant Administrator Flewelling returned to Council Chambers. Council agreed to have Marion Scott represent the City of Aspen at teh. August 7th meeting of the Four-County Planning and Development ~meeting. Sidewalk request - George Heneghan appeared before Council and request permission to con- Sidewalk struct a hard burn brick sidewalk around the new building east of the post office rather Heneghan than the city specification of concrete. City Engineer Mahnke reported the brick would not last as long as concrete, would estimate for brick 10 years. Mr. Heneghan stated they, the owners, would be responsible for maintaining the sidewalk. Councilman Benninghoff made a motion to grant this request and the City Attorney draft an agreement comvering the maintenance of the sidewalk. Seconded by Councilman Clymer~. Roll call vote - Councilmen Bergman aye; Ruster aye; Benninghoff ayes; Clymer aye. Zoning, Lot 22 - Councilman Kuster made a motion to schedule a public hearing on August Public Hearing 25th, 3:30 p.m. to consider zoning of Lot 22, First Filing, West Aspen Subdivision. ~oning Lot 22 Seconded by Councilman Clymer. Roll call vote Councilmen Clymer aye; Kuster aye; West Aspen Sub Benninghoff aye; Bergman aye. Woodlander Remodeling - Form as required by the State LiquOr Department was submitted to Woodlander Council for approval by the City Clerk. Remodeling Councilman Bergman moved to approve the State Liquor Department remodeling form for the Woodlander. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster abstain; Benninghoff aye; Bergman aye, Clymer aye. Motion carried. Mayor's Deed - A Mayor's Deed was submitted to Council involving Block 89, Lots F, G, H, Mayor's Deed and I. City Clerk reported the deed had been checked by both the City Attorney and City Engineer and found to be all in order~. Councilman Kuster moved to authorize the Mayor and City Clerk to sign a Mayor's Deed on Block 89, Lots F, G, H, and I. to the Aspen Company. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Planning and Zoning Recommendation - Recommendation that Council schedule a public kearing Zoning-Minimum on the minimnm distance between buildings was read by Mayor Barnard. Distance between buildings George Heneghan, Chairman of the Planning and Zoning Commission, stated to Council this is and will be a problem as the present code allows ~w to build an accessory building a paper thickness away from the principal building which falls in ghe set back area of the principal building. ' Regular Meet'ing Hspen~ Council Zoning Councilman Bergman moved to schedule a public hearing on the minimum distance between buildings, an addition to Title X~ on August 25th, 3:30 p.m. Seconded by Councilman Clymer. Roll call vote ~ Councilmen Bergman aye; Clymer aye; Kuster aye; Benninghoff aye. Planner George Heneghan, Robin Molny, Norm Clasen and Dale Mars of the Planning and Zoning Commissic were present and relayed their request Council consider a planner. Mayor Barnard reported he had been in contact wi'th Mr. Brickler of'Ft. Collins who is interested in the position and also stated he felt this should be on a regional~basis and handled through the RSA. Mayor Barnard further reported Mr. Brickler would be at the meet- ing at the Colorado Mountain College on August 7th and stated he would see if a meeting of the RSA could be called for August 8th at which time Mr. Brickler could be present. Mayor Barnard stated the Planning and Zoning Commission should read the article suSmit'ted by Leon Wurl entitled "People vs the Planner". Commission members and Council agreed they were not interested in a consulting planner but a full time resident planner. To.be handled through the RSA. Bastille Day International or Bastille Day - Councilman Benninghoff made a motion to hold this in abeyance and that a letter be written to Terese Davi~ requesting her appearance before Council on this.request. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye, Benninghoff aye; Bergman aye. Council instructed the City Clerk to send a letter so informing Terese David. Project Reports Project Reports - City Ehgeneer Mahnke reported the alleys are about done. Councilman Alleys Benninghoff questioned if the alley behind'the Woodlander, which is the worst alley in town, would be~on~this year. Mr. Mahnke reported that it would not since plans call for the installation of a sewer line in this alley in September. Sidewalks Sidewalk project is going real slow. May have a problem with the contractor on the completion date. Buttermilk Water Buttermilk Water Line is 75%complete - Mahnke reported the lineis going to have to follow Line the present highway which is not where the City had anticipated the line going. City planned!i to install the line 100' from the present highway so that there would not be a problem when the four lane highway is constructed. The Ski Corporation is the one putting in the line and if the line has to be moved will be the responsibility of the State Highway Department. 'Teen Center Teen Center - Roger Mahnke reported the City is still waiting for the Gulf Sprinkling Company of Denver ~[whoiCouncil awarded the bid to, to sign the contract and begin in- stalling the sprinkling system. Have not heard from these people since the bid was awarded. Counczlman Benninghoff ~mde a motion a-letter be sent' by registered mail 'to Gul~ sprinkling - Company of Denver that if they do not make an appearance within 5 days and sign the contract then the deal is off. Seconded by Coun~cilman~Kuster. Roll call vote - Councilmen Bergman ayel~; Kuster aye; Benninghoff aye; Clymer aye. City Treasurer City Treasurer - Assistant City Administrator Flewelling recommend Council appoint Bertha Bertha Looney Looney as the City Treasurer and Duputy Finance Director so that~ she can sign the bonds for the clarifier and checks in order to redeem the warrants at the bank. Councilman Benninghoff m~ved to appoint Bertha Looney as the City Treasurer for the City of Aspen. Seconded by Counczlman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Ordinance #21 ORDINANCE ~21, Series of 1969, AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE Water Bonds CITY OF ASPEN, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF SAID CITY IN THE PRINCIPAL SUM OF $125,000 FOR THE PURPOSE OF SUPPLYING THE CITH WITH WATER BY EXTENDING AND IMPROVING THE WATERWORKS SYSTEM OF SAID CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FORTHE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON; AND DECLARING AN EMERGENCY was read by title only, as agreed by Council, on second reading. Councilman Kuster moved to adopt Ordinance #21, Series of 1969 on second reading and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Resolution #9 RESOLUTION #9, SERIES OF 1969 as follows was read in full by the City Clerk: ~-- Hillye~g Pa RESOLUTION #9 Series of 1969 WHEREAS, Barbara Johnson Hillyard has offered as a gift to the City of Aspen, Lots M, O and P. Block 29, City and Townsite of Aspen, for dedication and use exclusively as a p~Blic park and as garden area for the enjoyment of the citizens of the City of Aspen, 932 _ Re~gular Meeting Aspen City Council Julz 28~' 1969 subject to those certain conditions~contained in a Deed dated Sune 30,. 1969 fr~m the Said Resolution #9 Barbara Johnson Hillyard to the City of Aspen, and additional cohditions outlined in her ' Hillyard Park letter of July 8, 1969 and WHEREAS, the City of Aspen is desirious of accepting the gift of the real property subjec - to the reservations and conditions placed thereon; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen that the City of Aspen hereby gratefully accepts conveyance of Lots M, N, O, and P, Block 29, City and Townsite of Aspen, from Barbara Johnson Hillyard subject to the reservations, covenants and conditions set forth~therein. BE IT FURTHER RESOLVED that Lots M, N, O and P, Block ~9, City and Townsite of Aspen be and hereby are dddicated asa publick park and garden area for the benefit of the citizens of the City of Aspen, which park shall be named Hillyard Park. CoUncilman Bergman moved to adopt Resolution #9, Series of 1969 as read in full. Seconded by Councilman Kuster. Roll call vote Councilmen Bergman aye; Kuster aye; Benninghoff abstain: Clymer aye. RESOLUTION #ltl, SERIES OF 1969, as follows was read in full by the City Clerk: Resolution #10 Transfer Funds RESOLUTION ~10 Series of 1969 WHEREAS, The City Council of the City of Aspen, Colorado desires to pay certain amounts from the General Fund of the City of Aspen, Colorado and finds that there is not sufficient money in said General Fund to effect such payments; and, WHEREAS~ The City Council of the City of Aspen, Colorado finds that it is in the best interest of the City to make such payments, and desires to transfer the sum of ~30,000.00 from the Electric Operating Fund to the General Fund of the City of Aspen; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $30,000.00 from the Electric Operating Fund to the General Fund. 2. A copy of this resolution shall be delivered to the City Clerk and the City Treasurer as the authority to effect such transfer. Councilman Clymer made a motion to adopt Resolution #10, Series of 1969 as read in full. Seconded by Councilman Kuster. Roll call vote Councilmen Bergman aye; Benninghoff aye; Clymer aye; Kuster aye. RESOLUTION #11, SERIES OF 1969 as follws was read in full by the City Clerk: Resolution il-Transfer RESOLUTION #11 funds Series of 1969 WHEREAS, The City Council of the City of Aspen, Colorado desires to pay certain amounts that are now due from the Improvement-District 67-1 Fund, and finds thatthere is not suf- ficient money available in said fund currently to effect such payments; and, W~EREA$, the City Council of the-City of Aspen finds that it is in the best interest of the City to make such payments, and desires to transfer the sum of $14,000 from the General Fund to the Improvement District 67-1 Fund. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $14,000 from the General Fund to the Improvement District 67-1 Fund. 2. A copy of this Resolution shall be delivered to the City Clerk and the City Treasurer as the authority to effect such transfer. Councilman Kuster made a motion to a~opt Resolution #1i, Series of 1969 as read in full. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Kuster aye; Benninghoff aye; Bergman aye. ORDINANCE #22, SERIES OF 1969, AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE UNIFORM Ordinance #22 BUILDING CODE, 1967 EDITION, INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 50 SOUTH LOS UBC Plus ROBLES, PASADENA, CALIFRONIA,._REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERAT_ Amendemnts ION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, 'AREA AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF ASPEN, COLORADO; PROVIDING FOR THE ISSUANCE OF PERMITSAND COLLECTION OF FEES THEREFDR; DECLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES '~AND PARTS OF ORDINANCES IN CONFLICT THEREWITH was read in full on first reading by the City Clerk. Attorney Kern recommended if ~this ordinance is approved, council schedule a public hearing. Councilman Kuster moved to approved Ordinance #22, Series of 1969 on first reading and orde~ the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; ~Kuster aye; Bergman aye; Benninghoff aye. ,Councilman Clymer moved to schedule a public hearing on Ordinance #22, Series of 1969 re- lating to adoption of the Uniform Building Code, 1967 Edition and amendments thereto for August 25th at 3:30 p.m. Seconded by ~ouncilman Kuster. Ail in favor, motion carried. 933 Regular Meeting. Aspen City Council July 28, 1969 Ordinance ~23 ORDINANCE #23, SERIES OF 1969,_AN ORDINANCE AMENDING THE TERMS AND QUALIFICATIONS OF THE P & Z Structure MEMBERS OF THE CITY pLANNING COMMISSION was read in full by the City Clerk on first reading. Robin Molny of the Planning and Zoning Commission stated he would like to see over lapping of terms so that there would be continuity. Suggestion was made that the terms expire in the middle of the terms of the Council rather than at the beginning of Council's terms. Councilman Kuster stated he would like the ordinance to so state staggered terms, perhaps 4 in one year and 3 in the next expiring. Councilman Clymer stated the staggering would take care of itself as the present members terms do not all expire in the same year. Mayor Barnard reported that this ordinance will not affect the terms of the present members. Robin Molny suggest Council might ask the present P & Z members to voluntarily resign and then make the appointments for the 2 years. Mayor Barnard questioned Attorney Kern about the exclusion of the requirement that P & Z's recommendations have Council approval before being executed in the ordinance. Attorney Kern related the Statutes provide for a Planning and Zoning Commission to set up a ~aster Plan and zoning for the City. Council request the ordinance be re-written to require 2 year terms when the present terms expire and also include that the Planning and Zoning is set up to provide.a Master Plan and zoning for the City. Street Cuts Councilman Kuster~c~estioned if previous action by the City Council on street cuts is being taken care of and also request the City Engineer check out the cut on Lake Street. News Stands Councilman Bergman stated he felt since the pop corn wagon is not allowed to operate on public property why do we allow newspaper stands on the sidewalks. They are an eyesore and also cause litter. City Attorney Kern request permission to leave, permission granted by Mayor Barnard. Councilman Bergman made a motion to instruct Assistant City Administrator Flewelling to write a letter to all vending people to get their stands off public property. Seconded by Councilman Benninghoff. Roll callvote -~Councilmen Clymer aye; Kuster aye; Benninghoff aye; Bergman aye. Bus Depot Mayor Barnard questioned the police enforcing the previous action by Council as relates to the bus depot. Mayor Barnard reported the signs have been take down and the curbs have been painted yellow but the buses are still parking there. Marion Scott informed Council that he had been informed by the bus depot agent that they are filing a suit for injunction against the City for stopping them from parking there. Public Restrooms Discussed sanitary facilities. Council request building inspector Clayton Meyring check to see if sanitary facilities are provided at the depot. Councilman Clymer stated public restrooms are a problem in town. These large condominiums with shop space do not provide even a drinking fountain and no restroom facilities. Council agreed to hold this in abeyance. Mayor Postage Councilman Bergman questioned Mayor Barnard's usage of the City's postage meter for recent nmiling.relating to the.Metro.Sanitation District. Mayor Barnard reported., if required, he could produce his cancelled check in the amonnt of approximately $117 for postage which he paid.to the city. Also any .and all work involved with this mailing was donated time and was done on Saturday. iCouncilman Bergman stated he did not believe in the letter. Councilman Clymer stated even Iii!th°ugh the Mayor paid for the postage it still looks bad for the City. Council agreed to go into executive session at 6:00 p.m. Council~ resumed regular session at 6:30 p.m. whereupon a motion was made by Councilman Clymer, seconded by Councilman Bergman to adjourn. All in favor, meeting adjonr~ned at 6:30 p.m.. Lorraine Graves, City Clerk