HomeMy WebLinkAboutminutes.council.19681007 Regular Meetin~ Aspen City Council October 7~ 1968
Meeting was called to order by Mayor Robert Barnard at 3:35 p.m. with Councilmen
Carl Bergman, John Benninghoff, Clyde Clymer and City Administrator Leon Wurl.
Councilman Bergman made a motion to approve the minutes of September 16, 1968 as
mailed. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman
aye; Benninghoff aye; Clymer aye.
Mt. Rescue Mountain Rescue - Mr. Alfred Braun was present and asked about the contribution to
Donation Mountain Rescue for 1969. Administrator Wurl explained all donations were taken
out of the budget due to lack of Revenue.
Councilman Benninghoff made a motion that if there is a surplus of funds next year,
the Mountain Rescue donation will have first priority from the contingency fund.
Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff
aye; Bergman aye.
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Regular Meeting Aspen City Council October 7, 1968
RESOLUTION #20, SERIES 1968 adopted at the previous me~ting was read by Mayor Barnard
and presented to Officer Halbert. Officer Halbert
RESOLUTION #21, SERIES 1968~was read in, full by the City Clerk as follows:
R E~S 0 L U ~I O;N
WHEREAS, Gary R. Wall, Police Officer of the City of Aspen,
Colorado recently attended the Colorado Law Enforcement Training
Academy at Denver, Colorado;
AND, WHEREAS, the said Gary R. Wall's performance at said Officer Wall
academy was noteworthy as exemplified by his grades and the
City Council feels he is deserving of commendation therefore;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Aspen, Colorad° hereby commends Gary'R. Wall for
his performance at the State of Colorado Law Enforement Training
Acgdemy.
Councilman Benninghoff made a motion to approve Resolution #21, Series 9968 as read in
full. Seconded by Councilman Bergman, Roil'call vote COuncilmen Benninghoff aye;
Bergman aye; Clymer aye.
RESOLUTION #22, SERIES 1968 was read in full by the City Clerk as follows:
RESOLUTION
~o~ 22, Seri~s 1968
WHEREAS, the City Council of the City of Aspen, Colorado,
desires to pay certain amounts that are now due?fromthe General Transfer Funds
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~makesuch payments
and desires to transfer the sum of $25,00Ofrom the Electric
Operating Fund to the General 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 $25,000
from the Electric Operating Fund to the General Fund;
2. A copy of this resolution shall be delivered to the
City Cler~k and~-the City Treasurer as the~ authority
to effect such transfer.
Councilman Benninghoff made a motion to approve Resolution #22, Series 1968 as read in
full. Seconded by Councilman Clymer. Roll call vote Councilmen Bergman .aye; Ben-
ninghoff aye; Clymer aye.
ORDINANCE #32, SERIES 1968, ANORDINANCE LEVYING TAXES FOR THE YEAR 1969 TO DEFRAY
THE COSTS OF MUNICIPAL GOVERNMENT OF ASPEN, COLORADO, FOR THE FISCAL YEAR BEGINNING Ord. #32 Tax levy
JANUARY 1, 1969 AND EN) ING DECEMBER31, 1969 was read by title only, as agreed by
Council, on second reading by the City Clerk.
Councilman Clymer made a motion to adopt Ordinance #32, Series 1968 as read on second
reading and order the same published. Seconded by Councilman Benninghoff. Roll call
vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye.
ORDINANCE #33, SERIES 1968, AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, PERTAINING
TO ZONING OF THE CITY OF ASPEN, COLORADO AND DECLARING AN EMERGENCY TO ~XIST was Ord. #33 Bldg.
read in full for the first time by the City Clerk. Review Eliminate
Mayor Barnard pointed out one set of plans had been sent out for review and the report
returned showed 24 items wrong with the project.
Councilman Benninghoff made a motion to adopt Ordinance #33, Series 1968 on first
reading and order the same published. Seconded by Councilman Bergman. Roll call vote
Councilmen Clymer aye; Bergman aye; Benninghoff aye.
ORDINANCE #34, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 17 OF THE MUNICIPAL Ord. #34 Court
CODE OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE MUNICIPAL COURT SYSTEM OF THE Fees
CITY OF ASPEN, COLORADO AND DECLARING AN EMERGENCY TO EXIST was read in full for the
first time by the City Clerk.
Councilman Clymer made a motion to adopt Ordinance #34, Series 1968 as read in full
on first reading and order the same published. Seconded by Councilman Benninghoff.
Roll call vote ~ Councilmen Clymer aye; Benningh~ff aye; Bergman aye.
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~ October_7_~ 1968 Aspen Ci~ Regular Mee~
Ord. 035 City M~ ORDINANCE #35, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 2, SECTION 1, OF
THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO CITY MAP was read in full
.~ for the first time by the City Clerk.
Councilman Bergman made a motion to adopt Ordinance #35, Series 1968 on first reading
as read in full and order the same published. Seconded by Councilman Clymer. Roll
call vote - Councilmen Bergman aye; Clymer aye; Benninghoff aye.
ORDINANCE #37, SERIES 1968 -~ Personnel. Administrator Wurl outlined the changes which
Ord.#37 Personnel would be made by the adoption of this ordinances
Coumcll agreed to table this ordinance until the next regular meeting.
Two ordinances were presented on vacating the alley in the Aspen Square block. One
ordinance calling for a 15' easement and the other referring to an easemenhowithout
Aspen Square specific footage. Mr. Sutherland was also present and request permission for a canopy
Alley on the southeast corner and also to have the sidewalk next to the curb with the green
area next to the building. The steps to the building would extend into the sidewalk
area.
Council agreed with the overhang or canopy, stated they would discuss the ~her requests
later in the meeting.
Little Bavaria Remodeling - Plans were submitted along with the form required by the
State. Administrator Wurl also stated they are requesting to build up the sidewalk
Little "B" in front of the establishment to the curb and would like to use asphalt.
Remodeling
Discussed how this would affect the remaining part of the block. Council agreed to table
the sidewal'k part of the request.
Councilman Bergman made a motion to approve the remodeling of Little Bavaria excluding
the sidewalk.. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye;
Benninghoff aye; Bergman aye.
Centre of Aspen Centre of Aspen R~deling- Plans and form were submitted.
Remodeling
~'~. Councilman Clymer made amotion to approve the remodeling of the Centre of Aspen Bar.
Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; Bergman
aye; Clymer aye.
Golden Horn Remodeling - Council revieWed the plans and form as submitted.
Golden Horn
Remodeling Councilman Benninghoff made a motion to approve the remodeling of the Golden Horn.
Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; C~ymer
aye; Bergman aye.
Public Hearing - Duplex Definition - Mayor Barnard opened the public hearing and read
Dupleses the definition resulting from the public hearing by the Planning and Zoning Commission.
Definition It was discussed and agreed upon that the sharing of common wall would be a wall that
is court, on to both living units, Could not use a garage as a common wall.
Councilman Benninghoff made a motion to instruct Administrator Wurl to have an ordinance
prepared on the definition of a duplex that would encompass one common wall between
two living units and ceiling or floor and under a single roof. Seconded by Councilman
Bergman. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye
Mayor Barnard closed the public hearing.
pUblic Hearing - Uses C-2 Zone - MayOr Barnard opened the public hearing. Proposed
Uses C-2 Zone definition resulting from the Planning and Zoning public hearing was read by the City
Benninghoff questioned why concrete batch plants were not included under uses not
permitted since this was the reason for:the change in the ordinance.
Councilman Clymer pointed out a zone should be created for these uses which are not
permitted.
Councilman Clymer made a motion to instruct Administrator Wurl to have a Resolution
· ~ prepared asking the County Commissioners to zone an area that has been designated in the
Master Plan for industrial uses. Motion died for lack of second.
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Regular Meetng Aspen City Council October 7, 1968
Councilman Benninghoff made amotion to have an ordinance prepared revising the
proposal as read to exclude concrete batch plants or mix plants that are used in Uses - C-2
manufacturing concrete products. Seconded by Councilman Bergman. Roll call vote - Zone
Councilmen Clymer may; Bergman aye; Benninghoff aye. Motion carried.
County Sales Tax Proposal - AdministratoC Wurl reported the County Commissioners had
passed a Resolution calling for an official split of the tax of 53% to the City and 47% Sales Tax
to the County. Side agreements would consist of the proposed four items relating Pitkin County
to recreation, dump, airport and publicity and promotion. Wurl pointed out the most
important thing about this is it is a step towards metropolitan government.
Administrator Wurl reported the City is being taken to court on the gross receipts
tax by Mr. Whitaker. Discussed increasing the mill levy.
Councilman Bergman made a motion to authorize Administrator Wurl to discuss an increase
in the City mill levy with the State Tax Commission and the City's Attorney. Seconded Mill Levy
by Councilman Benninghoffo Roll call vote - Councilmen Bergman aye; Clymer aye;
Benninghoff aye.
Councilman Benninghoff made a motion to approve the form and amounts in the County
Resolution shbject to agreement on the side agreements and equal representation
on the Boards. Seconded by Councilman Clymer. Roll call vote ~ Councilmen Bergman aye
Clymer aye; Benninghoff aye.
Wiegner Agreement - Agreement was read by Administrator Wurl. Mr. Wurl request a
change be made in the agreement relating to tap fees. Water-~egner
Line
Councilman Bergman made a motion to authorize the Mayor and City Clerk to sign the
agreement with Wiegner as amended. Seconded by Councilman Clymer. Roll call vote -
Councilmen Clymer aye; Benninghoff aye; Bergman aye.
A Mayor's Deed to Josua and Joseph Borgeson was submitted to Council by the City Clerk.
Ail in order. Councilman Bergman made a motion to authorize the Mayor and City Clerk Mayor's Deed
to sign a Mayor's Deed to Josua and Joseph Borgeson. Seconded by Councilman Borgeson
Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye.
North Side Annexation - Administrator Wurl reported the City lost the law suit.
Talked over the decision with Attorney Charles Stewart and concluded and recommend ~.S.A. Suit
the City appeal this case.
Councilman Clymer made a motion to authorize Attorney Charles Stewart to appeal this
decision and represent the City on this appeal. Seconded by Councilman Benninghoff.
Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye.
Denver & Rio Grande LRailroad trac~ks - Administrator Wurl reported the railroad
is taking the steps necessary for removing the trac~ks from Aspen. Previously Council Railroad Tracks
agreed they would like to have a formal proposal by the railroad before apprving or
disapproving the removal of the tracks.
Councilman Benninghoff made a motion to authorize Attorney Albert Kern to represent
the City of Aspen in ma~king a formal opposition to the removal of the tracks. Second-
ed by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; Bergman aye;
Clymer aye.
AdministratOr Wurl request the Council consider holding Conncil meetings ~Q the 2nd
and 4th Mondays of the month beginning November 1968. Seconded by Councilman Bergman. Council Meetings
Roll call vote - Councilmen Bergman aye; Clymer aye; Benninghoff aye. Dates
Administrator Wurl reported Yvan Tache and Dvle Mars of the Planning Commission reside
in the North Side Annexation area. They can no longer serve on a City Board or
Commission. Also Dr. Wm. Comcowich of the Board of Examiners and Appeals. Council
request Administrator Wurl notify these peol~e immediately.
ORDINANCE #36, SERIES 1968, AN ORDINANCE AMENDING TITLE IV, CHAPTER 1, SECTION 3, OF
THE BUILDING CODE OF THE CITY OF ASPEN, COLORADO, PERTAINING TO FENCES AND RETAINING Ord. #36, Fences
WALLS. was read in full for the first time by the City Clerk.
Councilman Benninghoff made a motion to adopt Ordinance #36, Series 1968 as read in
full for the first time and order the same published. Seconded by Councilman Bergman.
Roll Call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye.
Administrator Wurl reported the City can rent at $125.00 a month an area near the Impound Lot
Sanitation Plant for an impound lot.
Aspen City Council October 7, 1968
Impound Lot Councilman Clymer made a motion to designate the area offered by Mason and Morse
by the Sanitation Plant as the City temporary impound lot, the City to install a
mercury vapor light at this location and designate the area fenced at the dump site
as the permanent impound lot. Seconded by Councilman Benninghoff. Roll call vote -
Councilmen Benninghoff aye; Bergman aye; Clymer aye.
Towing Bids - Councilman Clymer made a motion to authorize the calling for bids on
Towing Bids towing. Seconded by Councilman Benninghoff. Roll call vote Councilman Bergman aye;
Clymer aye; Benninghoff aye.
Administrator Wurl request who would be attending the municipal league District X
meeting at the Red Onion. Mayor Barnard, Councilmen Benninghoff, Bergman and Clymer
District X said they would attend.
Meeting
Law S~its - Administrator Wurl gave a report on the Coughenour and Migl suits.
ORDINANCE #30, SERIES 1968 - Vagrancy
Councilman Clymer made a m~tion to read Ordinance #30, Series 1968. Seconded by
Ord. #30 Il Councilman Benninghoff. Roll call vote - Councilmen Bergman m~y; Benninghoff aye;
Vagrancy,Eliminai~e Clymer aye. Motion carried.
·
ORDINANCE #30, SERIES 1968, AN ORDINANCE REPEALING TITLE VI, CHAPTER 1, SECTION 31,
OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO POLICE REGULATIONS
AND DECLARING AN EMERGENCY TO EXIST was read in full for the first time by the City
Clerk.
Councilman Clymer made a motion to adopt Ordinance #30, Series 1968 on first reading
as read in full and order the same published. Seconded by Councilman Benninghoffo
Roll call vote - Councilmen B~rgman nay; Benninghoff aye; Clymer aye. Motian carried.
Administrator Wurl questoned if Council would like to have a meeting to discuss
the Leagues Legislative Proposals. Council request Administrator Wurl make an outline.
Recreation Award - The award presented to Mayor Barnard in Denver was shown to the
Recreation Award Council.
Bull dozer, dump - Administrator Wurl stated the estimates to fix up the bull dozer
donated to the City by the Leonard Thomas estate were very high. Wurl also reported
DumP,Dozer Mr. Bishop would be willing to use his bull dozer and work at the dump on a temporary
basis for $1500.00 a month.
Councilman Benninghoff made a motion to authorize the Mayor to sign the agreement from
the Executors of the Leonard Thomas Estate. Seconded by Councilman Bergman. 'Roll call
vote - Councilmen Benninghoff aye; Bergman aye; Clymer aye.
Councilman Benninghoff made a motion to authorize Administrator Wurl to hire a temporary
operator for the City=County dump subject to formal approval by the County Co~Lm~isioners
until such time as the proposed City-County dump plan is implemented. Seconded by
Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye.
- Mayor Barnard stated he had the pleasure of visiting with the City Officials at Carmel,
California and discussed with them taxes and zoning.
Alley Vacation - Aspen Block request - Mayor Barnard stated he did not feel this should
Aspen Square be acted upon until a full council is present. Councilman Benninghoff stated he is
Alley against vacating any alleys, feels if an alley is vacated, it should be done by
public referendum.
Councilman Benninghoff left Council Chambers.
Councilman Bergman stated what has been proposed would be helpful to the town especially'i
from a safety factor.
Councilman Clymer stated he felt the City had cormnitted themselves, had the ordinance
prepared. Also the entire block is under single ownership.
Councilman Bergman made a motion this ordinance #38, Series 1968 calling for a 15'
easement be put on the next regular council meeting agenda. Seconded by Councilman
Clymer. R~ll call vote - Councilmen Bergman aye; Clymer aye; Mayor Barnard aye.
Miscellaneous correspondence was submitted by Administrator Wurl.
Letter from Magistrate Oates was read by Mayor Barnard relating to his employment as
Magistrate Lettey police magistrate.
Regular Meeting Aspen City Council October 7, 1968
Eagles Club - Letter was read by Administrator Wurl requesting permission to set a stone Ten Commandments
in Paepcke Park with the Ten Commandementso Council agreed to table this request. Stone
A box of candy was presented to Council from "Stormy" relating his appreciation of the
continuing efforts of the Mayor and Council.
Administrator Wurl gave a report on the parking. Council questi ned if the City could
use the lot next to Design Primarily for a parking lot. Council request Administrator Parking Lots
Wurl look into this.
Letter from the Aspen Institute requesting all items purchased by the City or Mayor be
removed from the Hotel Jerome by ~ovember 15th.
Council questioned and asked Administrator Wurl to handle, if contributions could be Teen Center
obtained, so that the Teen Center could be finished.
Administrator Wurl pointed out in the minutes of the Aspen Chamber and Visitors Bureau
relating to the MAA contribution to Council their disagreement in how the contribution Chamber
was handled. It was pointed out the contribution, in the 1968 budget came under the
Aspen Chamber and Visitors Bureau and were so stipulated.
Councilman Bergman made a motion to adjourn at 7:00 p.m., seconded by Councilman Clymer.
Ail in favor, meeting adjourned.
~__~o~raine Graves, City Clerk