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HomeMy WebLinkAboutminutes.council.19680806 Regular Meeting ii ii~s~e~ ~t~ C0~ncil August 6, 1968 Meeting was called tO order by Mayor Robert Barnard at 4:15 p.m. with Councilmen Carl Bergman, Werner Kuster, John Benninghoff, Clyde Clymer and City Administrator Leon Wurl. The accounts payable were given to Councilman Benninghoff to check. Councilman Clymer made a motion to approve the minutes of July 15th & 29th as mailed. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Purchase and Sale - Public House - Application and forms required by Council were Public House submitted by the City Clerk. Ail were in order. Application filed by Donald James Purchase & Sale Hmnouz, Mr. Hamouz and Attorney Clinton Stewart were present representing the applicant. Mayor Barnard questioned #9 on the questionnaire required by the City relating to bankruptcy. Mr. Hamouz explained that 4 contractors went bankrupt which forced the corporation of which he was a stockholder'to go into bankruptcy. Council questioned if the time and amount in the lease were correct. Mr. Hamouz reported they were - lease to run for 6 years, amount due monthly. Councilman Clymer questiOned Mr. Hamouz over this 6 year period if he anticipated renewal of the license each year with no problems. Mr. Hamouz reported he would try to keep everything in line so that it could be renewed each year. Councilman Clymer also stated the Council has mixed emotions on a license in a City owned building especially next door to the teen center. Mayor Barnard stated in the past when a licensee starts out without much capital, problem~ seem to exist. ~ Mr. Hamouz reported in the time which he has lived in Aspen he has not had any trouble. Mayor Barnard stated the City has had problems with this establishement. It has not turned out as it was intended in the beginning, mainly catering to the after theatre crowd. Councilman Clymer made a motion to ta~ke this application for purchase and sale under advisement until the next regular Council meeting. Seconded by Councilman Benninghoff. Attorney Stewart stated due to the mixed feeling of Council, applicant does agree that this be tabled until.the next meeting with the opportunity on the part of ~the applicant to submit additional information as to the operatiQn and anything additional council may desire. Council agreed to request further information as to how the establishment will be operated and more depth of the financing. Attorney Stewart stated it would be submitted prior to the next meeting. Roll call vote - Councilmen Bergman aye; Kuster abstain; Benninghoff aye; Clymer aye. 2 Mayor Deeds were submitted by the City Clerk. Previously checked out by the City Mayor's Deeds Engineer and found to be in order for signatures. Councilman Kuster made a motion to authorize the Mayor and City Clerk to sign a Mayor's Deed to Monina Von Opel. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Councilman Bergman made a motion to authorize the Mayor and City Clerk to sign a Mayor's Deed to Richard and Emily Linkletter. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Kuster aye; Bergman aye. Sandy Luhnow ~ Vacating Alley Request- Mr. Luhnow's~ arguments for vacating the alley Vacating Alley northof the Glory Hole were as follows: presently a dead end alley, problem as to Glory Hole policing the alley, traffic circulation and distinguishing the Glory Hole's parking from the condominium presently under construction across the alley. Would like to put something down the center of the alley to distinguish the parring. Administrator Wurl stated it has been the Cities policy not to vacate alleys, but due to the circumstances in this case would recommend vacating. Discussed if adjoining property owners should be conSUlted. Councilman Clymer questioned if there would be enough room for emergency vehicles to get through if a fence is installed in the middle of the alley. Councilman Kuster made a motion to table this item pending Council's visit Go the site. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Bergman aye; BenniBghoff aye; Kuster aye. Douglas Garget - Water Tap - Mr. Gargel was present and explained to Council he had based his bid on a project on the water tap fee quoted to him by the Finance Depart- Water Tap Gargel merit of $600.00. In July went to pay the tap and the price was $1020.00. Does not feel he should pay the increase since the $600 was quoted to him. Counc%l agreed they could not make an exception and denied the request. Administrator Wurl submitted two large containers of water samples taken at the head- gate of Castle Creek and one at the headgate of Maroon Creek. The container containing Castle Water water from Castle Creek was brown and the one taken on Maroon Creek was clear. Also submitted pictures taken by the filter Plant operator. Dirty water from castle Creek being caused by the mining operat~ n at the head of Castle Creek. Administrator Wurl reported the mining company is preparing to ~ut in settling basins, this has been started. They will do what the State recommends. Aspen Square Requ~s~ - Mr. Sutherland representing Hodge-Oliver project request Aspen Square approval to extend a canopy over the public portion between the curb and building on Canopy Cooper Street. Administrator Wurl stated the canopy should be set inside the curb line. Councilman Kuster made a motion to approve the covered sidewalk and canopy requested by Aspen Square. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster ze; Clymer aye; Bergman ; aye; Bennighoff aye. Alley - MrS. C. Franklin - Letter from Mrs. Franklin was read by Mayor Barnard stating Aley - Nugget her objections on the alley as follows: traffic hazard, depreciation of adjoining properties, creating thoroughfare on private property and public nusiance by noise, dirt and dust. Letter from Mr. Green of the Nugget was read by Administrator Wurl relating the alley improvements have been made except for a pile of dirt which will be leveled off. Council stated that the Nugget had acted on a decision of a pre~ious Council. Councilman Clymer made a motion that the Nugget complete the improvements in the alley and the use of the alley to remain as agreed by the previous City Councl. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Benninghoff m~y; Kuster aye; Clymer aye. Motion carried. Mr. Ferguson of Schlupp and Ferguson was present to discuss any questioned Council Park Study might have relating to the park study made. Council had no questions but stated the study was well done. L.Bavaria 3.2 Little Bavaria - Decision on 3.2 alledged violation hearing. violation Councilman Werner Kuster left Council Chambers. Ron Baar explained the problem with the falsified I.D. to Councilman John Benninghoff. Councilman Werner Kuster returned to Council Chambers. Councilman Bergman made a motion to suspend the 3.2 Beer License at Little Bavaria ~ for 60 days, the 60 days to be held in abeyance - 60 days probation. Seconded by Councilman Clymer. Roll call vote Councilmen Bergman aye; Benninghoff aye; Clymer aye; Kuster abstain. Motion carried. Planning and Zoning Apointments - Tabled. Tipple Inn Septic Tipple Inn - Septic Tank - Administrator Wurl submitted a form from the Water Pollution Tank Control Cormmissi0n requesting the City's cormnents on a septic tank and leach field to handle sewage fro the new Tipple Inn duplex. It was reported they could not hook up to the Metro Sanitation District and the building is located out of the Sanitation District boundaries. Septic tank and leaching field would be temporary only until the Metro District is in operationg. The City and County Sanitarian's comment on the form was as follows: "My recommendation is that the proposed addition not be allowed unless connection to the District sewage system is eccomplished. Connection to even an over-loaded sewage plant is preferable to use of a "'Temporary'" septic tank and leach field in a marginal and questionable location less than 200' from a sewer line." Councilman Bergman stated the Sanitation District even after the improvements are made at the Sanitation District Plant will not be allowed to hook up Metro Sanitation District customers. Councilman Kuster made a motion to authorize Administrator Leon Wurl to send in the same recommendation for the City Council as the Sanitarian has stated. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman nay. Motion carried. Smuggler Inn - Change in Rooming House License - Councilman Bergman made a motion to Rooming House Lic authorize the City Clerk to send a letter of consent on the change in the rooming house license to Limelite, Inc. Seconded by Councilman Clymer. Roll call vote Councilmen Kuster aye; Clymer aye; Benninghoff aye; Bergman aye. ORDINANCE #27, SERIES OF 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 3, OF THE Ord. #27, Fire MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO TH~ FIRE CODE was read by Zones title only, as agreed by Council, on second reading by the City Clerk.~ Councilman Kuster made a motion to adopt Ordinance #27, Series of 1968 on second reading and order the same published. Seconded by Councilman Clymer. Roll call vote Councilmen Bergman aye; Clymer aye; Benninghoff aye; Kuster aye. ORDINANCE #28, SERIES OF 1968, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY Ord. #28 OF ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN i Annex. West THIS ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was read Aspen Annex. by title only, as agreed by Council on second reading by the City Clerk. Councilman Clymer made a motion to adopt Ordinance #28, Series of 1968 as re~d on seconded reading and order the same published. Seconded by Councilman Kuster. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. ORDINANCE #29, SERIES OF 1968, AN ORD%NANCE AMENDING TITLE XI, CHAPTER 1, OF THE Ord. #29 Segl ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING TO PROVIDE ZONING FOR Zoning THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 22, SERIES OF 1968, AND DECLARING AN EMERGENCY TO EXIST was read in full on first reading by the City Clerk. Councilman Clymer made a motion to adopt Ordinance ~29, Series of 1968as read in full and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Kuster aye; Clymer aye; Benninghoff aye. ORDINANCE #30, SERIES 1968 - Tabled. Sales Tax - Administrator Wurl reported 212 people had voted just prior to Council meeting. Wiegner Water Li~ Pomegranate Inn - Repayment - Water. Mr. Wurl reported of the approximate figure of $50,000 due in September 1968, the City has received $12,000. It was reported the Mayor, City Administrator and Mayor Pro Tem had contacted Mr. Wiegner to notify him that the amount would be due. Mr. Wiegner informed the above that he would not be able to pay it, request if a schedule could be worked out giving him the ability to pay it. Administrator Wurl reported one of the City's attorneys suggest the City write a letter now of what the City expects and so inform the people holding the mortgage on the property. They may be able to assist in payment of the contract. Councilman Bergman made a motion to authorize Administrator Leon Wurl to write ~ letter to Mr. Wienger, requesting full payment by the due date. Seconded by Councilman Clymer. Roll call vote Councilmen Benninghoff aye; Kuster aye; Bergman aye; Clymer aye. · Coughehour Case Alp~ Mark III - Administrator Wurl reported the Judge on the case had found in favor !Appeal of the Alps. Discussed if the City should appeal the decision. Councilman Benninghoff made a motion that the City instruct Administrator Wurl to confer with Attorney Roan and proceed with the appeal on this case. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye; Clymer aye. Attorney Clinton Stewart Statement - Mayor Barnard stated first of all the 2 bills C.Stewart submitted did not agree and secondly the charge was excessive.' Bill Mayor Barnard stated he had been authorized by Council to offer Mr. Stewart $500 in full payment. Attorney Stewart stated he would like to think about the settlement. Would be glad to go over the bill with the Ci[y Administrator. Mr. Stewart stated he would not accept the settlement at this time. Discussed the violations by bicYcle riders. It was questioned why the pedestrian walkways on Main Street have not been re-painted. Administrator Wurl to contact the State Department of H~ghways on this. RESOLUTION#18, SE]RIEs 1968 as' follows was read in full by the City Clerk: Post Office RESOLUTION ~oT T8~ WHEREAS, the City of Aspen is directly ~nterested and concerned with the sound and proper, development of its community in conformity with applicable zoning law; and WHEREAS, the United State Government is examining the possibilities of enlarging its Post Office and/or constructing a branch Post Office in or near the City of Aspen; and WHEREAS, the Master Plan for the Aspen Area, which has been approved and adopted by City of Aspen, specifically provides and recommends the placement of Branch Post Offices at employment centers rather than residential areas; which Master Plan was endorsed by the United States Government; 'and WHEREAS, the Planning and Zoning Commission for the City of Aspen has studied the problem of placement of a Branch Post Office within the City 'and have made specific recommendations in the form of a i resolution. NOW, THEREFORE, BE IT RESOLVED that the City of Aspen endorse the recommendations of its Planning and Zoning Commission adhering to the MDster Plan for the development of the City; BE ITFURTHER RESOLVED that the City oppose the enlargement or placement of United States Branch Post Offices in areas other than those zoned for commercial use and in conformity with its Master Plan. Councilman B~r~man made a motion to adopt Resolution #18, Series 1968 as read in full. Seconded by CoUncilman Kuster. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye; Kuster aye. Letter from the Denver & Rio Grande TRailroad was read by Administrator Wurl relating to the withdrawing of the 6racks. Railroad in full agreement if the City and County Railroad Tracks both agree. Drawings of tenative Plans for the railroad grounds were submitted by Administrator Wurl as prepared by the railroad. Councilman Benninghoff made a motion to approve the bills as submitted. Seconded by Councilman Clymer. Roll Call vote - Councilmen Kuster aye; Clymer aye; Benninghoff aye; Bergman aye. Various Letters were submitted by Administrator Wurl to Council, also 2 alledged violation (liquor) at the Public House and one alledged 3.2 violation at Little Bavaria, Inc. Letter from the Bar Association was read by Mayor Barnard re-affirming their position Magistrate on the Police Magistrate Guido Meyer. The 9 page memorandum from the Bar Association was read by Mr. Wurl. RESOLUTION #19, ~ERIES 1968 as follows was read by Mayor Barnard in full: Remove Guido RESOLUTION T9T eViTs-lV WHEREAS, the City Council of the City of Aspen has the authority to remove VarioUs city Officials; and WHEREAS, the Pitkin County Bar Association by unanimous approval has sUbmitted a detailed report on the operation of the municipal court and have concluded that the Police Magistrate lacks the knowledge of the law necessary to function as a municipal judge, fails to inform defendants of their Constitutional Rights and has failed to be impartial. Having arrived at this conclusion the said Bar Association has recommended the immediate removal of Guido Meyer as Police Magistrate; and Regular Meetin~ Aspen City Council August ~968 Magistrate Meyer WHEREAS, the City Council desires to remove the present Police Removal Magistrate from office. ~ NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council finds that the incumbent Police Magistrate, Guido Meyer, is unfit for the job of Police Magistrate because he is unwilling to apply the ordinances of the City of Aspen fairly and impartially, because he has singled out a group of people against whom he applies the ordinances in a discrimina- tive m~nner; and because he has exhibited substantial and enduring prejudice against defendants in Municipal Court. 2. That based on the finding contained herein the City Council determines the incumbent Police Magistrate is unfit pursuant to the applicable provisions of CRS 1963, 139-4-1, as amended, and removes said Police Magistrate from office. Councilman Bergman stated the Council has heard the pros and cons, either the City does something or the Bar Association will. Councilman Ctymer stated the City has no choice at this point. Council gave Magistrate Meyer a chance 3 months ago to follow certain rules. Councilman Benninghoff stated he had been out of town quite a bit lately and did not feel qualified to comment although he stated as far as the standing of the community, court should be conducted in an orderly fashion. Councilman Kuster stated the Council is being forced to do something. Mayor Barnard stated it is the Council's duty to see that a proper court is run. Councilman Clymer made a motion to adopt ResolutiQn fJlg, Series 1968 as read in full. Seconded by CounCilman Kust~r. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Administrator Wurl reported at 6:00-p.m., 299 people had voted. Councilman Clymer made a motion to adjourn at 6:55 p.m., seconded by Councilman Kuster. All in favor, meeting adjourned. (__~orraine Graves ~ Cit~ Clerk se