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HomeMy WebLinkAboutminutes.council.19690908 942 ilRegular Meeting Aspen City Council September 8~ 1969 Meeting was called to order by Mayor Robert Bernard at 3:40 p.m. with Councilmen Carl Berg- liman~ Werner Kuster~ John Benninghoff, Clyde Clymer~ City Attorney Albert Kern and City iiAdministrator Leon Wurl. The accounts payable were reviewed by Councilman Kuster. accounts Payable Councilman.Benninghoff moved to approve the minutes of August 25th and September 2nd as prepared and mailed by the City Clerk. Seconded by Minutes Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Purchase and Sale~ Food Service Associates, Inc. - Ail forms required Food Service by the City and State were submitted to Council for review. Attorney Associates 0ates was present representing the new owners, owners Volz and Kline were also present. Attorney 0etas stated there is written into the lease with the Elks Club that there will be no entertainment on the premises only background dinner music will be permitted/ New owners plan to inves $40,000 in improvements and this will be a restaurant only. ~r. 0ates also request Council approve form 17E required by the State for re- modeling of liquor establishments which was submitted. Councilman Clymer moved to grant this purchase and sale to Food Service Associates~ Inc. for a beer~ wine and spirituous liquor license. Seconded by Councilman Benninghoff. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster abstain; Bergman aye. Councilman Benninghoff moved to approve from 17E of the State of Colorado fro remodeling of the premises. Seconded by Councilman Clymer. Roll call vote - Councilman Kuster abstain~ Clymer aye; Bergman aye; Benninghoff aye. Copies of a petition referendum which was submitted to the City Clerk Petition Referen- were submitted to Council. Portion of the petition in ordinance form ~um-Ordinance was read by the City Clerk. Attorney Kern reported the petition meets all legal requirements. Mr. Kern also outlined for Council the pro- cedure which must be followed as follows: following first reading of the ordinance~ which is what Council will do today~ the Mayor has 48 hours in which to veto the ordinance. Mayor must do this in writing and stating his reasons for vetoing the ordinance. If the ordinance is vetoed by the Mayor~ the City Council has 10 days in which to override the Mayors veto. If over-ridden~ the ordinance goes into effect. If not the ordinance goes on the ballot for the November election. Councilman Kuster moved to approve Ordinance #26~ Series of 1969 as submitted and read by the City Clerk. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Ber~man aye. Pay estimate for work completed up to August 31st on the clarifier was Clarifier submitted to Council. Councilman Benninghoff moved to approve the pay estimate in the amount of $31~135.50 to White Construction. Seconded by Councilman Kuster. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. Administrator Wurl reported the Water Conservacy District is asking for Clarifier Payment donations to off-set the expenses of the Water Congress in bringing to Colorado varioRs senaturs and congressmento review the actual and proposed construction of water facilities. Council agreed and instructe¢ Administrator Wurl to notify the proper person or persons that the Council did not wish to donate since the City has not budgeted for such an expense. Accounts payable - Councilma~ Kuster moved to pay the accounts payable Accounts Payable i as submitted by the Finance ~epartment. Seconded by ~ouncilman Cly~er. Roll call vote - Councilmen Kuster aye; Bergman aye; C!ymer aye; Benninghoff aye. ORDINANCE ~25. SERIES OF 1969, AN ORDINANCE AMENDING TITLE XI~ CHAPTER ordinance #25 1~ SECTION 5 AND SECTION 6~ REQUIRING NO LESS THAN 10 FEET OF SPACE Zoning BETWEEN ANY ACCESSORY AND PRINCIPAL BUILDINGS IN R-40, R-15~ R-6, AR-1 and AR-2 ZONES was read in full On first reading by the City Clerk. Councilman Benninghoff moved to adopt Ordinance ~25~ Series of 1969 on first reading and order the same published. Seconded by Councilman BErgman. Roll call vote - Councilmen Kuster aye; Bergman aye; Clymer aye Benninghoff aye. Colorado Mountain College lease was submitted to Council by the City Colo. Mtn. Colleg, Attorney. Mr. Kern stated to Council any changes due to using this Lease space for class room, the City is not required to do under the lease. Councilman Bergman made a motion to authorize the Mayor and City Clerk to sign a lease for space in the Wheeler Opera House to Colorado Mountai~ College. Seconded by Councilman Clymer. Roll call vote Councilmen Kuster aye; Clymer aye; Bergman aye~ Benninghoff aye. 943 ~e$~ar Meeting Aspen City Council September 8~ 1969 ~e~ent Easement between the Ski Corporation and the City was read by the City Clerk. Councilman K1 uorp Funds Kuster moved to authorize the Mayor and City Clerk to sign the easement as presented be- tween the City and Ski Corporation. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye~ Bergman aye~ Clymer aye~ Benninghoff aye. Resolution #1 RESOLUTION #14, SERIES OF 1969 was read by the City Clerk to transfer $3~500 from the Transfer of General Fund to the Street Improvement District 66-1 Fund. Funds RESOLUTION ~1~ Series of 1969 WHEREAS~ the City Council of the City of Aspen~ Colorado desire to pay certain amounts that are now due from t~e Street Improvement District 66-1 Fund~ and finds that there is not sufficient money available in said fund currently to effect such payments~ and, ~HEREAS~ the City Council of the City of Aspen finds that it is in the best interests of the City to make such payments~ and desires to transfer the sum of $3,500.00 from the General Fund to the Street Improvement District 66-1 Fund. NOW~ THEREFORE~ BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authoriaed and directed to~ transfer the sum of $3,500.00 from the General Fund to the Street Improvement District 66-1 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. DATED THIS 8th day of September~ i969. Councilman Benninghoff moved to adopt Resolution ~1~ Series of 1969 as read by the City Clerk. Seconded by Councilman Berg~man. Roll call vote - Councilmen Benninghoff aye~ Clymer aye~ Kuster aye~ Bergman aye. Resolution #15 RESOLUTION #15~ SERIES OF ~969, was read in full by the City Clerk to transfer $21~000.00 Transfer of Funds from the Electric Operating Fund to the General Fund. RESOLUTION ~15 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 i~$21,000.00 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 $21~000.00 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. DATED THIS 8th day of September, 1969. Councilman Clymer moved to adopt Resolution ~15~ Series of 1969 as rea~ by the City C~erk. Seconded by ~ouncilman Kuster. Roll call vote Councilmen Bergman aye~ Kuster aye~ Clymer aye~ Benninghoff aye. Resolution #16 RESOLUTION ~16~ SERIES OF 1969~ was read in full by the City Clerk to transfer $7.500 Tranfer of Funds from the General Fund to the Street Imporvement District 63-1 Fund. REs0muT 0 #16 Series of 19~ WHEREAS~ the City Council of the City of Aspen, Colorado desires to pay certain amounts that are no~ ~ue from the Street Improvement District 63-1 Fund, and finds that there is not sufficient money available in said fund currently to effect such payments~ and~ WHEREAS~ the City Council of the City of Aspen finds that it is in the best interest of the City to make such payments~ and disires to transfer the sum of $7~500.00 from the General Fund to the Street Improvement District 63-1 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 $7.500.00 from the General Fund to the Street Improvement District 63-1 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. DATED THIS 8th day of September, 1969. 944 Regular Meeting Aspen City Council September 87 1969 Councilman Clymer moved to adopt Resolution ~16~ Series Of 1969 as read by the City Clerk. Seconded by Councilman Bergman. Roll call vote Coune±lmen CZymer aye; Benninghoff aye; Kuster aye; Bergman aye. Waterline Extensions - Administrator Wurl outlined two waterline extension projects which Waterline whould like to have authorization to construct. ~ Extemsions Airport Number 1 - John McBride is requesting water for the development down by the airport. Re- Development questing an 8" line City would need for further expansion to construct 24" line. The cost to the developer would be $33.242.00 which is the cost for 8" and the difference to go 24" Castle Creek would cost the City $~9.~0.00.Mr. Wurl reported the City does not have the money to pay Red Mountain their portion. Council request Administrator Wurl discuss with them their paying the entire cost and they receive the tap fees rather than the City. Project number 2 is a 12" line from the 20" transmission line under Castle Creek across Marolts property and over the 6th and Hopkins to connect with the existing City~system~ also to a new 2 million gallon storage tank on Red Mountain with a connecting 16" trans- mission line. Mr. Wurl explained this will be a necessity before next summer as there were problems this summer in getting enough volume of water to the higher locations. Would like to construct the 12" line this year down from the filter plant and under Castle Creek whil~ the water is low. Proceed next year with the remainder of the line and construct the storage tank. Would like authorization to use the surplus of the latest water bond issue for the first stage of this 12" line that will be done this year. Also recommend Council begin the preliminary proceedings for another bond issue in the amount of approximately $280,000 to build the remainder of the 12" line~ the stsrage tank and 16" transmission line. Sell only enough of the bonds to complete this project and put the remainder in reserve. Councilman Clymer moved to authorized the use of the surplus of money left on the latest water bond iss~e. Seconded by Councilman Benninghoff. Roll call vote - Councilmen ~ergman aye'; Benninghoff aye; Kuster aye; Clymer aye. Councilman Bergman moved to authorize Administrator Wurl to proceed with the preliminary steps fo a bond issue for the purpose of the 12" water transimssion line from the filter plant, the storage tank and 16" transmission line. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Mayors Deed - Councilman Benninghoff moved to authorize the Mayor and City Clerk to execut Mayor's Deed a Mayors Deed on S½ of Lots A and B~ Block 98~ to Clinton R. Sampson and David G. Sampson Lots A ~ B co-partners doing business as Aspen Dairy. Seconded by Councilman Kuster. Roll call vote - Block 98 Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Schedule on supervision of the school crossing was submitted by the Police Department. Correspond- Copy of letter to Valley Federal Savings and Loan relating to the overflow of the septic ence tank at the Strong Apartments was submitted. Wurl explained that this building due to new owners wil% be vacated on September 14th. Letter from Chamber was submitted. Copy of letter received from the Municipal League relating to the County taking over city streets was submitted. Report on the filter plant was submitted. Mr. Wurl request Council meet again to go over the remaining proposed departmental budgets Budgets Council agreed to meet on Thursday September 18th at $:00 p.m. Mayor and Council Comments - Councilman Clymer request to go on record that the only Cemetery Lane reasons he voted aye for the dips on Cemetery Lane was that there would be dip signs in- Dips stalled~ they be designed for the spDed of 25 MPH and would not install dips in the curbs. Ail of these things have been violated. Administrator Wurl explained that the plans contained a wrong figure and this has been changed. Now 1/2 of each dip is too deep~ the other half has been filled in and is proper. Wurl request if only two dip signs could be installed warning drivers of dips for next 1/2 mile. Administrator Wurl reported he has contacted the state Highway Department relating to dips on Main Street. They are looking into this and will report back to the City. Councilman Kuster stated he had become aware that 2 policemen, 2 police cars and a matron went on one police call of a minor Rature, Wurl to check out. Mayor Bernard reported to Council and ask~that Council think about this that in research, Council Comment~ it is found that Mr. Heneghan, Chairman of the Planning and Zoning since the first of the year has had to appear twice before the Board of Examiners and Appeals on two different building and one before the Board of Adjustment. Stated he felt members of the Planning and Zoning should observe all the codes. This is not a very good example. Dr. Dunaway stated there are two violations that he is aware of and one is on Cooper and the other next to the Aspen Floral. Leon Wurl to check out. Councilman Kuster moved to adjourn at 5:20p,m~ seconded by Councilman Clymer. Ail in favor~ meeting adjourned. Lorraine Graves, C~ty Clerk 945 CORRECTION Correction The following is a correction ~o the City Council minutes 3f the meeting held on September 8~ 1969. Page 1~ paragraph entitle "Petition Referendum~ Ord. ~26". "Attorney Kern reported the petition meets the requirements as relates Lo time of sub- mission Lo the Clerk and required number of signatures. Mr. Kern als: outlined for ~ouncil the procedure as follows: Statu'~;es on initiative and referenflum states Council must approve ordinance on first reading. In the event the Mayor vetoes the ordinance. Coundil shall meet within 10 days vo either 1) over-ride the Mayor's vevo, or 2) have ordinance place on ballot of general election if general election is held no less than 6¢ days from date o.f filing petition." Lorraine Grave, Clerk