The URL can be used to link to this page

Home My WebLink Aboutminutes.council.19691110~.egular Meeting Aspen City Council November 10~ 1969 Meeting was called to o~r by Mayor Robert Barnard at 3. 5 p.m. with Councilmen Carl Bergman, Werner kuster, John Benninghoff~ Clyde Clymer, City Administrator Leon Wurland City Attorney Albert Kern. The accounts payable were reviewed by Councilman Benninghoff prior to the meeting. Accounts Payable Councilman Clymer moved to approve the minutes of October 27th and November 5th as mailed. Minutes Seconded by Councilman Benninghoff. Roll call vote- C0~ncilmen Bergman ayes' Kuster aye; Benninghoff aye; Clymer aye. Councilman Benninghoff made a motion to ratify the action taken at the special meeting held on November 5th. Seconded by Councilman Kuster. Roll call vote- Councilmen Kuster aye; Benninghoff aye; Clymer aye; Bergman aye. Woodlander - Purchase and Sale - Forms as required by State and City were submitted to Woodlander Council and reported by the City Attorney to be all in order. Purchase & Sale Mr. William Berkley and his attorney were present and stated they would be leasing the old building as well as the new building. In addition to approval of the application also requ~s approval of the exhaust fan which projects into the alley. Council reviewed the plans,. The , fan is located under the fire emcape and would project 16-1/2" out from the wall. Council request administrator Wurl call Mr. Mehring~ Building Inspector~ up to Council Chambers. Liquor Renewals - Copies of all applications submitted to the City Clerk were submitted to Liquor Renewals Council. House of Lum - Councilman Bergman moved to renew the beer~ wine and spirituous liquor House of Lum license for the House of Lu~. Seconded by Councilman Benninghoff. Roll call vote - Council- men Clymer aye; Benninghoff aye; Kuster abstain; Bergman aye. Toro's Councilman Clymer moved to renew the license.for beer~ wine and spirituous liquor Toro's license for Toro's. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye; Kuster abstain. Golden Horn - Councilman Bergman moved to approved the renewal of a beer~ wine and spirituo~ Golden Horn liquor license for the Golden Horn. Seconded by Councilman Benninghoff. Roll call vote- Councilmen Benninghoff aye; Clymer aye; Kuster abstain; Bergman aye. Red Onion - Mayor Barnard read ~ violation reports submitted by the Police D'epartment. Red Onion Councilman Benninghoff moved to approve renewal of the beer, wine and spirituous liquor license of the Red Onion. Seconded by Councilman Clymer. Roll call vote Councilmen Kuster abstain; Benninghoff aye; Bergman aye; Clymer aye. Hickory House - Gertrude Meyer - Councilman Bergman moved to approve renewal of the beer, Hickory House wine and spirituous liquor license for Gertrude Meyer. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye; Kuster abstain. ~uido~s Swiss Inn - Councilman Clymer moved to renew the beer~ wine~ and spirituous liquor Guido's Swiss license for Guido's Swiss Inn. Seconded by Councilman Benninghoff. Roll call vote - Council- Inn men Kuster a~stain; Bergman aye; Benninghoff aye; Clymer aye. Carl's Pharmacy - Councilman Benninghoff moved to renew the packaged license for drug stores Carl's Pharm to Carl's Pharmacy. Seconded by Councilman Kuster. Roll Call vote Councilmen Bergman abstain; Benninghoff aye; Clymer aye; Kuster aye. Michele's - Councilman Clymer moved to approve renewal of a beer, wine~ and spirituous Michele's liquor license for Michele's. Seconded by Councilman Benning~0ff. Roll call vote - Council men Clymer aye; Kuster a~sta~.n; Bergman aye; Benninghoff aye. 959 Ragu~r Mae~ia~ __ Aspen City C~ ~N~~~9 Public House Public House - Four violation reports were read by Mayor Bernard. Councilman Bergman moved zc approve renewal of the beer, wine and spirituous liquor license for the Public House. Seconded by Councilman Clymer. Roll call vote - Councilman Clymer aye; Benninghoff aye; Kuster abstain; Bergman aye. Woodlander Woodlander - Purchase & Sale - Building Inspector Meyring stated he could see no problem with the ~xhaust fan, would not obstruct vehicles in the alley. Councilman Benninghoff questioned the fireplace which projects into the alley. Mr. Meyring stated this is an existing flu which does projecs into the alley. Councilman Clymer made a motion to approve transfer of the Woodlander liquor license to Berkely Aspen Corporation. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye,' Rusher Abstain; Benninghoff ayes' Clymer aye. ~ouie's Louie's Councilman Kusver moved to renew the packaged liquor store license of Louie's Spirit House. Seconded by Councilman Benninghoff. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kusver aye; Bergman abstain. Tom's Market Tom's Marker - Councilman Clymer moved to approve renewal of 3.2 Beer License for Tom's Market. Seconded by Councilman Benninghoff. Roll call vote Councilmen Benninghoff aye; Kuster aye; Ber~man aye; Clymer aye. Grog Shop Grog Shop Councilman Benninghoff moved to approve renewal of the Grog Shop packaged liquor svore license. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman abstain; Clymer aye; Benninghoff aye; Kuster aye. Crystal Palace Crystal Palace - Councilman Clymer moved to approve renewal of the beer~ wine and spirituou~ liquor license for the Crystal Palace. Seconded by Councilman Benninghoff. Roll call vote -ii Councilmen Benninghoff aye; Kuster abstain; Bergman aye; Clymer aye. Pinocchio's Pinocchio's Mayor Barnard read 2 reports submitted by the Police Department. Council questionei ~he one repots referring to dispensing of beer with out and up to date license. City Clerk explained the license was in the City Clerk's office but Pinocchio's had failed sc pick up the license. C~uncilman Clymer moved so approve renewal of the 3.2 beer license for Pinocchio's. Seconded by Councilman Benninghoff. Roll call vote Councilmen Kuster abstain; Bergman ayel} Benninghoff aye; Clymer aye. House of Lum House of Lum - Remodeling - Form as required by the State was submitted to Council. Council questioned if there were enough parking with the addition. Clayton Meyring reported there is plenty of room in the back of the restaurant. Councilman Bergman moved vo approve the remodeling of the liquor lidensed premises of the House of Lum/ Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Kusver abstain; Benninghoff aye; Ber~an aye. Park Avenue Park Avenue, Vacating 5~ Petition requesting vacating of 5~ of Park Avenue was submitted bearing 3 names. Councilman Kusver request his name be removed from the petition. (Name of!' ~erner Rusher removed) Attorney Ron Austin request the Council table this item. Request granted. Election Expens Judges~ Clerks, Polling Place Expense - City Clerk submitted to Council the expenditures for the Judges~ Clerks and polling places in the total amount of $372.00 Councilman Benninghoff mc-zed zc approve the election expenses in the total amount of $372.00 as submitted by the City Clerk. Seconded by Councilman Clymer. Roll call vote Councilmen Rusher aye; Bergman aye; Benninghoff aye; Clymer aye. Aspen Inn Aspen Inn Remodeling Form as prescribed by the State was submitted to Council for approva~.] Councilman Bergman moved vo approve the remodeling of the liquor license p~mises of the Aspen Inn. Seconded by Councilman Benninghoff. Roll call vote Councilmen Bergman aye; Kuster abstain; Benninghoff aye; Clymer aye. Resolution #19 RESOLUTION ~i9~ SERIES OF 19~9 was read in full by the City Clerk as follows: Law Firm of RESOLUTION #19 Law, Nagel,Clar~ SERIES OF 19~9 RESOLVED that Leon A Wurl: City Administrator, is hereby authorized to employ the law firm of Law, Nagel and Clmmk of Denver~ Colorado~ to represent the City of Aspen as to all mavvers, including negotiation and litigation and concerning the City's desire to oppose the consvruction~ installation and operation of a sewage disposal plant by the Pitkin Iron Corporation adh which said ~isposal plant by the Pitkin Iron Corppration and which said disposal plant will be located so as to discharge its effluent into Castle Creek approx- imately van miles upstream from the City's water supply intake on said stream. Mr. Wurl is~ further authorized vo consracv for and on behalf of the City and with the aforementioned law firm for representation of the City in the matter aforesaid and to pay them for their legal service as follows: negotiation~ trial preparation and pretrial work~ including any hearings on any motions ay the rate of $35.00 per hour for partners and $20.00 per hour for associates, and in addition~ may agree to pay said law firm for trial work at the rate of $150.00 per one-half day provided that no more than two lawyers from said firm are engaged in the trial work a~ any one time. Mr Wurl is further authorized to agree to pay said firm its reasonable travel expenses and other incidental legal costs provided the same are agreed vo in advance by Mr. Murl. Mr. Wurl shall request of said law firms that they s~bmit their bills for payment of legal services to the City on a monthly basis and shall make paymens accordingly each month. Said agreement for professional services shall continue until 5he may%er is concluded or unless sooner terminated by the City or said firm 960 Regu!~r Meetin~ Aspen city Council November 10~ 1969 Councilman Banninghoff moved to approve Resolution ~19 Series of 1969 as read. Seconded by Councilman Clymer. Roll call vote - Cour~cilmen Clymer aye; Benninghoff aye; Kuster aye~ Bergman aye. Appointment to the Board of Examiners and Appeals. Tabled. Board of Zoning Adjustment Councilman Clymer moved to appoint Luther Albright to the Boar~ Luther of Zoning Adjustment subject to his acceptance. Seconded by Councilman Bergman. Roll call Albright vote - Councilmen Kuster aye~ Benninghoff aye~ Bergman aye~ Clymer aye. Bd of Adj. Black Top Paving - Councilman Clymer moved to approve final payment to Black Top Paving in Black Top Paving the amount of $851.94, Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye3 Bergman aye~ Berminghoff aye~ Clymer aye. 'Dunning Construction - Administrator Wurl stated the amounts submitted due from Dunning Dunning Const. Construction will be paid before the City issues the amount due Dunning Construction. Councilman Bergman made a motion to pay Dunning Construction. Councilman Bergman made a motion to pay Dunning Construction $1~911.98. Seconded by Councilman Kester. Roll call vote Councilmen Benninghoff aye3 Bergman aye3 Clymer aye3 Kester aye. ORDINANCE ~33~ SERIES 0F 1969~ AN ORDINANCE AMENDING CHAPTER 1~ SECTION le (d) OF TITLE VIIi Ordinance RELATING TO THE WIDTH AND PLACEMENT OF SIDEWALKS IN RESIDENTIAL DISTRICTS R,40~ R-30~ R-15~ Sidewslks RLPC~ R-6 and R-MF ZONES was read in full on first reading by the City Clemk. Councilman Benninghoff moved to adopt Ordinance ~33~ Series of 1969 on first reading and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye~ Benninghoff aye~ Kester aye~ Bergman aye; Accounts Payable Councilman Benninghoff moved to pay the accounts payable as submitted by Accounts Payable the Finance Department. Seconded by Councilman Clymer. Roll call vote - Cour~cilmen Clymer aye} Kester aye; Bergman aye} Benninghoff aye. Councilman Kester moved to schedute public hearings for December 8th on the following: :chedule Public zoning of Lot 8 West Aspen Subdivision~ zoning of Alpine Lodge Annexation and the capital Hearings improvements program and the Clerk to publish notice. Seconded by Councilman Benninghoff. Roll call vote Councilmen Clymer aye~ Kuster aye~ Benninghoff aye; Bergman aye. Aspen Airport Business Center Waterline - Councilman Be~gman moved to authorize the Mayor [aterline-Aspen and City Clerk to sign a waterline contract with Aspen Airport Business Center. Seconded by Airport Business Councilman Clymer. Roll call vote - Councilmen Bergman aye~ Kester aye; Benninghoff aye~ Center Clymer aye. Towing Bids - Administrator Wurl request authorization to call for bids for towing. Council Towing Bids man Kester made a motion to authorize Administrator Wurl to advertise for bids for the November 2~th meeting. Seconded by Councilman Clymer. R011 call vote Councilmen Clymer aye~ Bergman aye~ Kester aye~ Benninghoff aye~,, Tax Exempt Municipal Bonds - Administrator Wurl submitted a request from the Colorado Tax Exempt Municipal League to send telegrams relating to the bill now in Congress that would seriousl M~nicipal Bends affect the municipal bond market~ it is a bill that would indirectly tax the interest on state and municipal bonds. Councilman Benninghoff moved to authorize Administrator Leon Wurl to send letters or telegrams relating the City of Aspen's opposition to this bill. Seconded by Councilman Cly~er. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye~ Bergman aye. Mayor Bernard introduced Attorney Charles Howe who was present and who will be the City's Home Kule advisor on the home rule proceedings. Mr. Howe stated he will be happy to work with the Advisor City on the home rule elections. Sheriff and police Center - Administrator Wurl stated the County Commissioners are Consid- Sheriff & Police ering the building of a Sheriff and storage area at the location where the county sheds Center are now located. Request from Council their feelings on putting the police~ communications and storage for the City in the same building. Would require authori~.ation from Council to send a letter to the Commissioners indicating ~e are interested. Councilman Kester made a motion to authorize Administrator Wurl to send a letter to the Commissioners that the City is interested. Seconded by Councilman Clymer. Ail in favor~ motion carried. Tow away zones - Tabled. Administrator Wurl submitted a pay estimate received from Dale Rea due White Construction White Construct on the ~lter plant. Councilman Clymer made a motion to pay White Construction $~327.50 for work completed. Seconded by Councilman Benninghoff. Roll call vote Councilmen Kuster aye; Clymer aye~ Benninghoff aye~ Bergman aye. ORDINANCE ~28~ SERIES OF L96~ AN ORDINANCE AMENDING SECTION ~ CHAPTER 1~ OF TITLE I~ OF Ordinance #28 THE OFFICIAL CODE OF THE CITY OF ASPEN RELATING TO COMPENSATION OF TH~ POLICE MAGISTRATE Police Magistrat~ was read by title only~ as agreed by Coencil~ on second reading. Councilman Clymer moved to adopt Ordinance ~28~'Series of 1969 on second reading and order the same published. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Benninghoff a · a · ye~ Kus~er ye~ Bergman aye. ORDINANCE #~9~ SERIES OF 1969~ AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF Ordinance #29 ' ASPEN~ COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS Annexation of Lo OR~INANCE~ LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN~ COLORADO was read by title 8, West Aspen Su only~ as agreed by Council~ on second reading by'the City Clerk. 961 Regular Meetin Aspen City, Council November 10, 1970 Councilman Bergman moved to adopt Ordinance ~29~ ~eries of 1969 on second reading and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilman Bergma~ aye~ Kuster aye; Benninghoff aye; Clymer aye. ~-~ Ordinance #3( ORDINANCE ~30~ SERZES OF 1969, AN ORDINANCE ANNEXING A PORTION OF WEST ASPEN SUBDIVISION~ West Aspen FILING NO. 2~ ?ITKIN COUNTY~ COLORADO was read by title only as agreed by Council~ on Sub Filing #2 second reading by the City Clerk. Councilman Clymer mbved to adopt Ordinance #30~ Series of 1969 on second reading and order the same published. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Kuster aye; Bergman aye~ Clymer aye~ Benninghoff aye. ~rdinan~e~31 ORDINANCE ~31~ SERIES OF 1969~ AN ORDINANCE A?PR0?RIATING SUMS OF MONEY TO DEFRAY EXPENSES pproprla~mons AND LIABILITIES OF THE CITY OF ASPEN~ COLORADO~ FOR THE CITY'S FISCAL YEAR BEGINNING JANUARY t~ 1970~ ~ND ENDING ON THE LAST DAY OF DECEMBER~ 1970, was read in full on first reading by the City Clerk. Councilman Kuster moved to adopt Ordinance #31~ Series of 1969 on first reading and order the same published. Seconded by Councilman Bergman, R011 call vote - Councilmen Bergman aye~ Kuster aye; Benninghoff aye; Ctymer aye. Ordinance #32 ORDINANCE ~32, SERIES OF 1969~ AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE Water Bonds CITY OF ASPEN~ COLORAD0~ AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF SAID CITY IN THE PRINCIPAL SUM OF $350~000~ FOR THE PURPOSE OF SUPPLYING T~E CITY WITH WATER BY EXTENDING AND IMPROVING THE WATERWORKS SYSTEM OF SAID CITY; PRESCRIBING THE FORM OF SAID BONDS~ PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON; AND DECLARING AN EMERGENCY was read in full by the City Clerk on first reading. Councilman Benninghoff moved to adopt Ordinance ~32, Series of 1969 on first reading and order the same publis'hed. Seconded by Councilman Bergman. Roll call vote - Councilmen Clyme~ aye~ Benn±~ff aye; Bergman aye~ Kuster aye. Home Rule Home Rule - Schedule was submitted by City Attorney Albert Kern who reviewed the schedule with Council. Mr. Kern stated the schedule requires all members of Council present at the November 2~th meeting and December 8th. Ail members of Council ~tated they would be in attendance. Council congratulated the new Mayor and Councilmen on their election who were present. Bus Depot Council questioned what is happening with the bus depot. Administrator Wurl reported he had not heard anything. ~RSA Meeting Mayor Bernard questioned the members of the RSA if they would agree to a regular meeting of the RSA on the 2nd Thursday of each mont at 4:00 p.m.~ City Council Chambers. Members stated it was agreeable. ' Opera House Opera House Roof - Administrator Wurl reported the roof has been fixed on the street side Roo~ but not on the back side. Council request the leasee be contacted that they were neglectful in getting the roof fixed~ therefore~ causing the damage to the fire e~cape cover. Also re- ported from the City Engineer that the manufacturer stated 1/32 thickness is just as good as 1/Sth for the cover. Council request Administrator Wurl send a letter to the leasee in- forming them to get the roof fixed or they w~ll be responsible for the roof or cover over the fire e~¢&pe,._ Blocking o~ Councilman Kuster r$~orted people on the east end are complaining about Cooper Avenue Cooper Street being blocked for periods of time due to construction machinery in the street near the Cooper Street bridge. Administrator Wurl to talk to Esco Development. Also stated some have been sited into court. Mayor Barnard request Adm~inistrator Wurl check out the paving where there was an excavation made by the telephone company over near the Bank of Aspen, Councilman Benninghoff moved to adjourn at 5:20 p.m., seconded by Councilman Clymer. Ail in favor~ motion carried. Lorraine Graves~ City C~erk