HomeMy WebLinkAboutminutes.council.19680916 825
..~gegulam Meeting Aspen City Council September 16, 1968
Meeting was called to order by Mayor Robert Barnard at 4:10 p.m. with Councilmen Carl
Bergman, Werner Kuster, John Benninghoff, Clyde Clymer and City Administrator Leon Wurl.
The accounts payable were given to Councilman Bergman to check.
Councilman Benninghoff made a motion to approve the minutes of September 3rd and 9th as
mailed. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Benn-
inghoff aye; Bergman aye; Clymer aye.
Aspen Square Request - Attorney Nelson and Architect Sutherland were present and
Aspen Square presented a proposal for landscaping the alley between the 2 buildings. Request the
Vacate Alley Council vacate the alley or close it to normal traffic.
Discussed the steps at the end of the alley and the hinderance to emergency vehicles and
also the pool p~rtially in the alley.
Administrator Wurl recommended if Council approves the plan the complete responsibility
of the alley should be turned over to them.
Discussed if a recomendation should be sought from the Planning and Zoning Commission.
Councilman Benninghoff made a motion to go along with the proposal and vacate the
alley and instruct Administrator Wurl to have an ordinance prepared. Seconded by Council-
man Ctymero
Attorney Nelson stated they would be willing to do the following:
City would have all rights to all utilities in the alley perpetumlly.
No density in the alley.
No pool in the alley.
Hodge-Oliver would be solely responsible and liable for the alley.
Would make the steps so that emergency vehicles can get into the alley.
Councilman Benninghoff withdrew his motion and Councilman Clymer withdrew his second.
Councilman Benninghoff made a motion to instruct Administrator Wurl to have an ordinance
prepared vacating this alley and incorporating in the ordinance the following conditions:
(1) City would have all rights to the utilities of every kind in the alley perpetually,
(2) None of the alley would ever be used for density purposes for additional building
(3) No pool in the alley
(4) Owners would be solely responsible and liable for all accidents and other thihgs
and hold the City harmless from anything that might occur in the alley.
(5) Make the steps conform to the wishes of the Fire Department.
Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye;
Benninghoff nay; Clymer aye. Motion carried.
The following rooming house applications were submitted to Council by the City Clerk:
Rooming Houses The L°odge, Timberidge Unit i-F., Sepp Kessler Apartments, Chateau Aspen Unit #16,
Chateau Blanc Apartment #16, Chateau Aspen Unit 6 & 13, Alpenblick Units llC & 12C.
Councilman Kuster made a motion to grant a rooming house license on the applications
as submitted. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye;
Bergman aye; Benninghoff aye; Kuster aye.
Public Hearing PUBLIC HEARING - CC and RMF Zones under building review.
CC-ttMF Zones
building review Mayor Barnard opened the public he,ring.
ORDINANCE ~31, SERIES OF 1968, AN ORDINANCE AMENDIN~ TITLE XI, CHAPTER 1, OF THE
MUN%CIPAL CODE OF THE CITY OF ASPEN, COLORADO, PERTA%NING TO ZONING OF THE CITY OF
ASPEn, COLORADO AND DECLARING AN EMERGENCY TO EXIST was read for the first time in full
by Mayor Barnard.
Mayor Barnard asked if there were any comments. There were none.
Mayor Barnard stated he felt in watching the system work that the plans recently coming
before the Planning and Zoning Commission were so complex that it is beyond the scope
of the Commission. Mayor Barnard referred to the Planning and Zoning minutes relating
to the Continental Inn and stated the Commission did approve the plans on Friday minus
the third floor. Have had complaints on the Tom Daly building that it is a fire trap.
Planning and Zoning is not capable of handling this. Feel the total responsibility should
be in the hands of the building inspector.
$26
Regular Meeting Aspen City Council September~16, 1968
Administrator Wurl stated there seems to be some confusion in that if Planning and Buildig Review
Zoning approve the plans, buildings have been built outside the building and zoning
code. Inspector takes their approval as a guiding light. Also reported because of
the time element the City has ceased sending plans outside for review.
Mr. Steen Gantzel questioned if the Planning and Zoning has the authority to grant ~
approval on plans that do not conform.
Mayor Barnard pointed out the ultimate decision is the building inspectors.
Mr. Gantzel asked ~if the building inspector could g~ant a permit if the plans are
in violatiQn.
Administrator Wurt reported no.
Mayor Barnard st~ed the special meeting was called on Friday when 2 members were
working.
Councilman Clymer stated by both the Planning and Zoning and building inspector check-
ing the plans it would be double checking.
Mayor Barnard'questioned what does the City expect the building inspector to do on
the plans for the Continental Inn when a change was made in the plans hut new plans
were not submitted on the change.
Administrator Wurl stated the buiding l~spector should deny the permit.
Councilman Benninghoff questiQned what the cost is of sending plans out for checking.
Administrator Wurl reported this is paid by the person applying.
Councilman Benninghoff request allplans over a certain dollar value or occupancy be
~ent outside for review.
Councilman Benninghoff made a motion to instruct Administrator Wurl to have an
ordinance prepared calling for eliminatinn of building review by the Planning and
Zoning Commission. Seconded by Councilman Clymer. Roll call vote Councilmen -
Clymer aye; Benninghoff aye; Kuster aye; Bergman aye.
Little Bavaria Purchase and Sale - In addition to the material submitted at the last Little Bay.
meeting, the City Clerk submitted the credit report on Mr. Bruce Gillis, Manager. Purchaee & Sale
Administrator Wurl reported the report on the fingerprints has not come in.
Attorney Leonard Oates stated to Council, if the report on the manager does not meet
with Council approval would make provision for a different manager.
Councilman Clymer made a motion to approve the purchase and sale of Little Bavaria
subject to a clear report on the manager from the F.B.I. Seconded by Councilman ~
Benninghoff. Roll call vote - Councilmen Kuster abstain; Clymer aye; Benninghoff
aye; Bergman nay. Motion carried.
Mr. Odier of the Chamber and Visitors Bureau request issuance of warning tickets to
out of town visitors. Administrator Wurl reported this is being done in the area of
what the City calls minor. Mr. Odier stated he wanted to make Council and the Police
Department aware that complaints have been received.
Mayor Barnard opened the public hearing on t.he City Budget for 1969. Budget
RESOLUTION #21, SERIES OF 1968 as follows was read in full by the City Clerk:
REsOLUTIoN
Adopting Budget for the year 1969.
WHEREAS, the City Administrator, previously designated to prepare
the budget has prepared and submitted to the Mayor and City Council
the Annual Budget for the City of Aspen, Colorado, for the fiscal year
beginning 3amuary 1, 1969, and ending December 31, 1969; and
WHEREAS, the budget as submitted sets forth the following estimated
fiscal data for the year 1969: ~
$27
R~lar Meeting A~pen ~i~_ Council ~tember 16, 1968
Budget 1. REVENUEAND BEGINNING SUPLUS ·
a4 Surplus beginning of the year $ -0~
~ b. Anticipated Revenues from all sources $1~060~'~8.31
! 2. EXPENSE AND CLOSING SURPLUS
'I a. EXpenditure requirements $1.~050~250,90
b. Surplus, close of year $ 1.0.,507.41
3. THAT THEAGGREGATE EXPENDITURE REQUIREMENTS
i BE DIVIDED RESPECTIVELY AS FOLLOWS: . .
a. To the General Fund $ 452~320.00
" b. To the Water Fund $ '"263~000.00
] c. To the Electric Fund $ .. 257~500.00
' d. T° the Special Assessment 1963 Fund $ 167337.50
i e. To the Police Pension Fund $ ~405.90
i f. To the Special Assessment 1966-1 Fund $ 27,425.00
! g. To the Special Assessment 1967-1 Fund $ 30~262.50
, 4. THAT THE RESERVE FOR DEPRECIATION AND NON-CASH
EXPENDITURES WILL REFLECT THE FOLLOWING BOOK
ENTRIES:
a. Electric Plant depreciation and amortization
of debt discount $ 1~.~00.0.00
b. Water Plant depreciation and amortization
of debt discount $ 51,8p,p.p0
WHEREAS, the assessed valuation of taxable property for the year 1968 in the
City of Aspen, as returned by the County Assessor of Pitkin County, Colorado,
is the sum of $9,166,000.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen,
Colorado:
That the estimated budget expenditures requirement of $1,060,758.31
is declared to be the amount of revenue necessary to be raised by tax
levy and income fr°m all, other sources, including surplus at the
beginning of the year, to pay the current expenses and certain indebt-
~ edness of the City , including interest upon the indebtedness, and to
~ provide a reasonable surplus at the close of the fiscal year beginning
January 1, 1969 and ending December 31~ 1969.
BE IT FURTHERRESOLVED:
· That a tax of six (6) mills be levied on each dollar of the assessed
valuation of the taxable property in the City of Aspen for the purpose
of raising the sum of $55,000.00 which together with surplus and revenue
from all other sources, is estimated to meet budget expenditures require=
ments and provide reasonable closing surplus for the fiscal year beginning
Janury 1, 1969 and ending December 31, 1969.
Administrator Wurl rePot.ted the assessed valuation figure has been estimated since the
figure was not available from the County.
Councilman Benninghoff m~dted the cuts in the budget were made in the productive
departments not in the non-productive departments.
Administrator Wurl reported cuts were made in every budget from what was submitted.
To come up with the same budget as last year would have to cut help. Finances are
geared to tmke up the average running of the City. When additional programs are done,
they just assume the load. presently operating on the basis of no prOgrams~
The letter of transmittal in the budget was read by Administrator Wurl.
Councilman Benninghoff stated he did not think the citizens will vote tax money,
should specify a number of items the City wants from this tax bill. Operations in City
Hall have grown and grown.
Mayor Barnard pointed out the record of what has been accomp~lished since 1963 by the
City: paved approximately t00 blocks of streets, water system, dump moved and others.
Councilman Benninghoff stated the City needs to ear mark funds to get more tax money.
Mayor Barnard pointed out they are ear marked in the budget. We are fatling down on
the necessities.
825
ReRular Meeting Aspen CitY Council September 16, 1968
Council agreed Councilman Clymer hit the nail on the head when he ~tated, "This little
town here of roughly 2,000 people or less is hosting 9,000 to 12,000 people over one- Budget
half the time and the people still think the City should get along:on the revenue for
2,000 people."
ORDINANCE #32, SERIES OF 1968, AN ORDINANCE LEVYING TAXES FOR THE YEAR OF 1969, TO
DEFRAY THE COS%S OF MUNICIPAL GOVERNMENT OF ASPEN, COLORADO, FOR THE FISCALYEAR Ord.#32
BEGINNING JANUARY 1, 1969, AND ENDING DECEMBER 31, 1969 was read in full for the first Budget
time by the City Clerk.
Mr. Flanders of, the Illustrated News questioned if anyone would like to comment on
that the budget was assembled only an hour and a half prior to Council meeting.
Administrator Wurl reported the figures have been on file in the office of the City Cler~
for 3 weeks, and they are available to anyone. Mayor Barnard stated the Council has
gone over these figures many times in the last few weeks.
Councilman Kuster made a motion to adopt Resolution #21, Series of 1968 as read in full.
Seconded by Councilman Bergman, Roll aall Vote- Councilmen Clymer aye; Kuster aye;
Bergman aye; Benninghoff aye.
Councilman Clymer made a motion to adopt Ordinance #32, Series of 1968 as read in full
and order the same published. Seconded by Councilman Kuster. Roll call vote -
Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye.
Mayor Barnard closed the public hearing on the budget for 1969.
Councilman Bergman made a motion to approve the bills as submitted by the Finance
Department. Seconded by Councilman Ctymer. Roll call.vote - Councilmen Kuster aye;
Bergman aye; Clymer aye; Benninghoff aye.
Pedestrian Crossings - Councilman Benninghoff request the crossings be-repainted if Ped. Crossings
possible before winter.
Angle Parking - Proposed recommendatian by Administrator Wurland Engineer Mahnke was
submitted in map form. Angle parking
Council reviewed the proposal and added areas where they felt angle~parking should be.
Councilman Bergman made a motion to follow the recommenRationon the map as amended
as follows:
South side of Durant from Monarch to Original
South side of Cooper from Aspen to Spring
South side of Hyman from Monarch to Spring
North side of Hopkins from Monarch to Hunter
West side of Monarch from Main to Durant
West side of Mill from Main to Durant except 1/2 block south of~Hyman
West side of Galena from Hopkins to Durant
West side of Hunter from Main to Durant
West side of Spring from Hyman to .Durant
Seconded by Councilman Benninghoff. Roll call vote- Councilmen Clymer aye; Benninghoff
aye; Kuster aye; Bergman aye.
Law Suits - Administrator Wurl reported a decision has not been handed down asyet on
the North Side Annexation suit. Reported the taking of depositions has been set ~or Law Suits
Sunday and Monday September 22nd and 23rd on theilatest suit - Coughe~Br. Councilmen
questioned if this was one of our bigger suers.
Administrator Wurl reported Attorney Kern would li'ke to meet with the City Council on
Tuesday relating to the position of City Attorney.
Administrator Wurl also reported Michael Fitzgerald has been appointed Deputy Police )eput y Police Mag.
Magistrate by Magistrate Oates.
Administrator Wurl related to Council from Daniel Wiegner that he would like to include
in the rebate section of the agreement his ability to collect interest that he will Wienger Water
be paying to the City on the rebates that he will have coming.
Councilman Benninghoff made a motion that Mr. Wiegner be informed that the terms that
were agreed upon at the last meeting are the only terms acceptable. Seconded by
Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Clymer aye;
Benninghoff aye.
$29
Regular Meeting. Aspen qi_t~YC0uncil September 16, !968
seal coating Administrator Wurl reported 16 blocks had been seal coated, ran out of oil.
streets
.~ Holidays - ~dministrator Wurl submitted a memo to Council relating to a bill recently
passed by the Senate providing for uniform annual observance of certain holidays on
Mondays. Four holidays were listed, 2 of which had never been approved holdays for
City Hall: Washingtonts Birthday, Columbus Day, Veterans Day, Memorial Day°
Councilman Benninghoff teft Council Chambers.
Councilman Clymer made a motion to adopt these 4 holidays as recommended and instruct
Holidays Administrator Wurl to have an amendment prepared to the personnel rules. Motian died
for lack of second.
Following correspondence was submitted by Administrator Wurl:
Telegram from Wayne Aspinall relating to approval of a grant of $16,920 for the
Aspen Sewage Treatment Plant addition.
Letter from Mueller and Hyde relating to vacating of Riverside Avenue.
correspondence
Memo from~Chief Scott - All City Police Officers now Deputy Sheriffs.
Letter from the Municipal League relating to vagrancy ordinances.
Notice of continuance in the hearing on Mountain States Telephone.
Letters from Whitaker and Gantzel offering their services for another term on the
Bomrd of Adjustment.
Letter from Broomfiled that the automobile crusher man had gone out of business.
Councilman Benninghoff returnedto Council ChamberS.
Administrator Wurl also reported at the Colorado City Managers meeting held in Aspen
City Managers on F~iday and Saturday out of a total of 34 managers 29 attended the meeting. They
Meeting voted to come back to Aspen next year.
Also reported the District 10 meeting of the Municipal League will be held in Aspen
i .. on October 9t~.
Holidays - Councilman Clymer made a motion to adopt the 4 holidays as recommended by
Administrator Wurl and instruct Administrator Wurl to have an ordinance prepared
Holidays amending the personnel rules. Seconded by Councilman Benninghoff. Roll call vote -
Councilmen Bergman nay; Kuster nay; Benninghoff aye; Clymer aye; Mayor Barnard ayes._
Councilman Benninghoff mmde a motion to adjourn at 7:00 p.m., seconded by Conncilman
Clymro All in favor, meeting adj~arnedo
~____~rraine Graves, City Clerk