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HomeMy WebLinkAboutminutes.council.19690825 Meeting was called to order by Mayor Robert Barnard at 3:40 p.m, with Councilmen Werner Kuster, John Benninghoff, Clyde Clymer, City Administrator Leon Wurl and City Attorney Albert Kern. Minutes Councilman Clymer moved to approve the minutes of the City Council of August llth as pre- pared and mailed by the City Clerk. Seconded by Councilman Kuster. Roll call vote - Council men Clymer aye; Benninghoff aye; Kuster aye. RSA Minutes RSA Minutes Councilman Kuster moved to ratify and approve the minutes of the RSA Board held on August 8th and 15th as prepared and mailed by the Recording Secretary. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Clymer aye; Benninghoff abstain.'l Motion c rrled. Conner Chevron Mr. Milton Conner appeared before Council to request the installation of one tem~prary Pump pump for a period of 15 days starting about the 4th of September in the sidewalk area e~ast of the station on Monarch during construction. Councilman Benninghoff made a motion to grant this request to Mr. Milton Conner of the Chevron Station. Seconded by Councilman Clymer. Roll call vote Councilmen Benninghoff aye; Clymer ayes; Kuster aye. Meeting Place, Mee~i~-n~htaBe~nlng~o~fStock Transfer - Mr. Leonard oates Attorney representing the Meeting Inc. Place and Mr. Henke, Gorsuch and Rapp were present. Stock Transfer Mr. Oates outlined the remodeling that would take place at the existingbar. Have an optionii on the building which they intend to take UP- Councilman Benninghoff questioned on the police report Mr. Henke's defrauding an innkeeper/ Mr. Oates explained that in further investigation it was found that his Mr. Henke is not the same person as listed in the report. Mayor Barnard questioned how much money will be invested in the operation. Mr. Oates re- plied over $100,000. Councilman Clymer moved to grant this transfer of stock in The Meeting Place, Inc. Motion died for lack of a second. Public Public Hearing - Uniform Building Code and Amendments. Mayor Barnard opened the public Hearing hearing. Attorney Kern explained the ordinance~which is~up for seoond reading ia e re- Uniform adoption of the Uniform Building Code and additional amendments as recommended by the Buildign Cod Building Inspector. Councilman Benninghoff questioned in the amendments allowing the use of combustible materials in Fire Zone 1. Also stated he did not want to see the City relinquish control by-the use of plywood for walls in Fire Zone 1~ Mr. Meyring Building Inspector reported the plywood relates to a veneer for outside walls which have to be backed up with in- combustible material. Councilman Clymer stated he had voted for this all along because he felt the City was too restrictive. Also stated in the past have tried for a better fire rating which has not been granted becauseof our buildings with outside staircases etc. Councilman Bergman arrived. Mayor Barnard closed the.public hearing. Ordinance #22 ORDINANCE ~22, SERIES OF 1969, AN ORDINANCE PRO, VIDtNG FOR, THE ADOPTION OF THEUNIFORM Uniform Buildin BUILDING CODE, 1967 EDITION, INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 50 SOUTH Code ROBLES, PASADENA, CALIFORNIA, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTER ATIONS, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION,. OCCUPANCY, EQUIPMENT, USE, H~I~HT, AREA, AND MAINTENANCE OF BUILDING OR STRUCTURES IN.THE~CITY OF, ASPEN, COLORADO;PROVIDING ~ FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; DECLARING AND ESTABLISHING FIRE DISTRICTS;-PROVIDING PENALTIES FOR.THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OFORDINANCES IN CONFLICT-THEREWITH was read.by title only,~as agreed by Council, on second-reading by-the City Cle=k. Councilman Clymer mo.ved to adopt Ordinance #22, Series of 1969 on 'second reading:~nd.order the smae published. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Kuster aye,; Benninghoff nay; Clymer aye. Motion carried. The Meeting The Meeting Place, Inc. Attorney Oates outlined to Councilman Bergman his previous Place, Inc. statements~to Council. Councilman Clymer~questioned if,Mr.-D~ R. C.,Brown who was present, Stock Transfe had any comments to make on this transfers, Mr. B~own~stated the Ski Corporation owns the land under the Meeting ,Place which was leased to the original owners for a 30 year. period. ~-~ Ski Corporation was not happy with last years operation and it is clearly understood that the Ski Corporation will terminate the lease if the operation is not run to their satis- faction. Councilman Benninghoff questioned if there are complaints on the establishment, would the Ski Corporation terminate the lease. Mr. Brown related that they would. Councilman Clymer moved to approved the transfer of stock in the Meeting Place, Inc. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff ~in~ Kuster abstain; Bergman aye~ Motion carr~ed.~ jlZoning Amendment -Mayor. Barnard opened the public hearing on an amendment to the Zoninm~ Zoning Amendment ~ICode relating to the minzmum distance between buildings. Planning and Zoning's recommen- :~datzon is 10' No comments. Mayor Bernard closed the public hearing. Council instructed City Attorney Kern to draft an ordinance with the requirement of 10'. ~Colorado Mountain College - Mr. George Stric r representing the College was present and Colo. Mtn. request possible use of space in the Opera House. College 'i ' Office Space Administrator Wurl pointed out the first of September the recreation director's office would be moved to th~ity Hall from the Opera House thus relinquishing this space. Also after the ~first of the year the City Will be moving their IBM equipment over to the City Hall. Councilman Kuster moved to authorize the space in the Opera House vacated by the City Rec- ~ireation Department to the Colorado Mountain College for one year and the City Attorney to iidraft a lease with the Consideration of $1.00 a year. Seconded by Councilman Bergman. Roll ilcall vote Councilm~n Kuster aye; Clymer aye; Bergman aye; Benningh~ff aye. ~ORDINANCE #23. SERIRES OF 1969, AN ORDINANCE A3~ENDING THE TERMS ANDQUALIFICATIONS OF THE Ordinance #23 '~MEMBERS OF THE CITY PLANNING COMMISSION was read by title only, as agreed by Council, by the P. & Z Structure ICity Clerk on second reading. ~ Councilman Kuster moved t6 adopt Ordinance #23,'Series of 1969 on second reading and order the same published. Seconded by Councilman C1Mmer. Roll call vote - Councilmen Bergman aye; Benninghoff nay; Kuster aye; Clymer aye. Motion Carried. Mr. D. R. C. Brown of the Ski Corporation was present and request further consideration on Ski Corp Request ihis petition relating to the streets and alleys under the number one lift. Reason for this Streets & Alleys irequest Mr. Brown stated, was t~e protect the number one lift. Brown further stated that '30' on each side of the lift would be sufficient. iiCouncilman Bergman moved to instruct the City Attorney to prepare easements from the City of Aspen to the Ski Corpdration covering the areas where Number One lift crosses City streets amd alleys. Seconded by Councilman Kuster. Roll call vote - Councilmen Clymer aye; Bergman aye, Benninghoff aye; Kuster aye. ORDINANCE #24, SERIES OF 1969, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF Ordinance #24 ~ASPEN, COLORADO, OF THAT CERTAIN TERRITORY OR REAL EKTATE PARTICULARLY DESCRIBED~IN THIS Alpine Lodge ~ ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was read by title Annexation .~ only, as agreed by Council, on second reading by the City Clerk. Councilman Clymer moved to adopt Ordinance #24, Series of 1969 on second reading and order the smae published. Seconded'by Councilman Bergman, Roll call vote - Councilmen Benninghoff aye; Clymer aye; ~uster aye; Bergman aye. !~Pitkin Iron Mine Corporation - Mr. Ted Ryan and his attorney were present to request support Pitkin Iron Mine ~from the City to enjoin the Pitkin Iron Mine Corporation from constructing a sanitation Corporation !iplant at their site up Castle Creek, Attorney Sherwood stated this afternoon they had filed ilfor an injunction in Denver pending the appeal. He further stated as he understood the term ito mean that a polishing pond is used to ixidize the bacteria till it is low enough to go iinto the stream. 'Municipal Court - Attorney Kern reported he had not.prepared an ordinance as he would like Municipal Court ~ to further explain to Council the law does not go into effect till January 1, 1970 and further the law requires the magistrate to be an attorney and appointed for 2 years. Council iagreed they would think about this and would let the City Aetorney know. Atomic Blast - Mr. Lou Wille as present to request support from the City in postponement of Atomic Blast the underground atomic bla'st scheduled for September 4th at Rulison, Colorado between Grand Rulison ~alley and Rifle. He reported that hhere is a 10% chance of leakage occuring which will Resolution #13 zontaminate the underground water supply and problem of nuclear waste in the atmosphere. teported they are requesting the Atomic Energy Commission postpone this test and have a private scientific firm investigate it first. Mr. Wille stated there will be a public meet- ~ing at the Paecpke Auditorium on Friday evening for all interested cm~zens'~ ' to attend. The local Democratic party, ACLU and District Court are sponsoring this meeting. RESOLUTION #13 Series of 1969 WHEREAS, many citizens of the City of Aspen, Colorado, have expressed concern over ! I ~ossible immediate and long-range dangers of the scheduled underground nuclear explosion ~t Rulison, Colorado, September 4, 1969, and have set up a public hearing for Friday, August ~9, 1969 to discuss the details conderning this experiment using a 40 kiloton nuclear devic~ ~ and Resolution #13 WHEREAS, no apparent national emergency exists~ concerning the need for natural gas.,. Rulison Atomic NOW, THEREFORE, BE IT RESOLVED that the City Council of~the City of Aspens, Colorado, Blast hereby urges that full consideration be given corporations involved in the nuclear ex- plosion and the Governor of the State of Colorado to postpone the experiment until fears of personals.safety are allayed through widespread public discusions throughout t~he State of Colorado. Councilma~.Kust,er moved to adopt the foregoing Resolution #13 and send copies to Governor Love and other.governmental officials. Seconded by Councilman Bergman. Roll call vote.- Councilmen Clymer aye; Bergman aye; Kuster aye; Benninghoff aye. Budgets Budgets -Councilagreed to hold a special ~meeting on~ Tuesday, September 2nd to review the proposed budgets. Bus Bus - Mayor Barnard related to Council that there is a Pierce Arrow Bus which is up for bid. At the end of July the ~id was up to $300. Finance .Director Looney left to call.and see. what the bid price is to date. Price to da~e$1050.00 Clarifier Pay Clarifiem. Pay Estimate - Estimated was submitted by Mr. Dae Rea in the amnunt of $2,843.25. Estima,~ Councilman Clymer moved to pay White Construction Company $2,843.25 as outlined on. the pay estimate. Seconded by Councilman Benninghoff. Roll call vote Councilman Clymer aye, Kuste~ aye; Bergman aye; Benninghoff aye .... Pitkin Iron Pitkin Iron Mine Corporation ~ Mayor Barnard reported he had called Attorney Ralph Clark Mine Corporation of the ~firm of Nagel, and .Clare of Denver to ac~t on behalf of the ~ity of Aspen in this Sanitation matter. Councilman Bergman moved to retain Attorney Ralph clark to represent the City of Aspen in the matter of the Pitkin Iron Mine Sanitation Plant and to cooperate with Mr. Ted Ryan, his attorney and .rep~esen.t,ati~es.~Seconded by Councilman Benninghoff. Roll call vote'~i Councilmen Bergman aye; Benninghoff aye; Clymer aye; Kuster aye. Councilman Benninghoff moved the City Administrator send a letter.to our governmental~ representatives outlining the City's position and what could happen in the future to our water system with a copy .to the County Commissioners. Seconded by Councilman Kuster, Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye.; Bergman aye. Spring Street Letter from R. Knox Bradford was related by City Administrator Wurl requesting the City Pump House remove the pump house and replace the fire hydrant on Spring Street so that the land can be used for a bus depot. Administrator Wurl reported the pump is no longer being used, the land is leased from teh Denver and Rio GrandeRailraod. CounCilman Bergman moved the City go ahead with preliminary re,oval of the building and change of bhe fire hydrant ~and City Attorney prepare whatever zs necessary to relinquish the! easement between the City and the Denver and Rio Grande Railroad. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Resignation Letter of resignation was reviewed by Council of Deputy Police Magistrate Michael Fimgerald Deputy Police This replacement is made by the Police Magistrate. Magistrate Trout Unlimited Letters from Trout, Unlimited, Atorney Charles Howe, Memo on golf course receipts, and bud. get schedule were submitted. Budget Schedule Councilman Benning~b~f moved to schedule a public hearing on the budget for 1970 on Sept- Hearing ember 22nd at 3:30 p.m. and City Clerk to publish notice thereof. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye, Kuster aye. Teen Center A breakdown on the expenses incurred at the Teen Center was submitted by Administrator Wurl. Total expenditure $11, 158.49, less donations of $4,817.11, balance of expenditures $6,341.38. The Thrift Shop and Mrs. Hall have stated they are willing to take care of some more of the expenses. Administrator Wurl reported there is a young man who is interested in leasing and operating the foungain at the Teen Center. Have requested he send a proposal to the City. Other Reports Other reports submitted were: Minutes of the Board of Examiners and Appeals, Chamber minutej and proposed budget, police department report. Metro-Easement Administrator Wurl related the Metro Sanitation District would like an easement from the ~ity to run a pipe line across the north edge of Herron Park. Wurl recommend the City grant this request subject to the City being able to tap at no charge for whatever facilities the City needs at Herron Park. Councilman Clymer moved to grant an easement on the north edge of Herron Park to the Metro Sanitation District with the condition that the City be allowed to tap at on charge for whatever facilities ~he City may need for Herron Park. Seconded bk Councilman Bergman. Roll call vote Councilmen Clymer aye; Kuster aye; Benninghoff aye; Bergman aye. School Crossing Mayor and County Comments - Councilman Bergman suggest the City have a patrolman on foot in the center of the street during the lunch period and after school to direct traffic, Administrator Wurl suggest if this is agreeable, the City designate only one crossing. Councilman Bergman moved that the City have a patrolman on foot directing traffic at the designated school crossing of Garmisch Street during the school lunch period and after 940 school is dismissed in' the afternoon. Seconded by Counc±lman Benn~nghoff. Roll call v~te Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Dogs - Councilman Bergman questioned w~y more dogs are not being picked up. Administrator Dogs ~ Wurl reported because the dog pound cannot handle them all. Wurl also stated there are two people now who are interested in operating a pound at the dump site. Mayor Barnard questioned Attorney Kern on why he'was not at the last Board of Adjustment Kern meeting. Mr. Kern'repor~ed 'he had'made other arrangements and was not abl~ to appear. B of A Meeting Mayor Barnard also questioned Councilman Bergman if he still had leased off street parking. Parking Councilman 6ergman reported he still has the p~rking 'spaces at the Chevron'Station but the Carl's Pharmacy lease has expired. Presently looking into space to lease. Mayor Barnard questioned £f it' were true that' sewage or affluent is running down the sou'th Sewage-Cooper St. side of Cooper down to the r±ver~bn Cooper. city Adminfslra~tor to check out. Question was raised by Councilman Kuster on the heighth of the sidewalk in front of the Sidealk'~Slavens Slavens property on Coo'per Avenu~e. Administr~o~ Wur~ pointed'out that it was impossible to make the grade fit everyone's property. · .... Councilman Benninghoff request Administrator Wurl check out a building being built on the alley over by the Mueller's property. Council agreed to go into executive session at 6:10 p.m. Council returned to regular session at 6:35 p.m. Councilman Bergman moved ~o appoint R. A. Ritche~y as the Chifff of Police for the City. Ritchey-Chief Seconded by Councilman Benninghoff. Ail in favor, motion carried, of Police City Clerk administered the oath of office to Mr. Ritchey. Councilman Kuster moved to adjourn at 6:45 p.m., seconded by Councilman Clymer. Ail in favor, meeting adjourned. ~ ~ " Lorraine~raves, City Clerk