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HomeMy WebLinkAboutminutes.council.19691223 Meeting was called to order by Mayor Robert Barnmrd at 3:35 p.m. with Councilmen John Benninghoff, Clyde Clymer, City Attorney Albert Kern and City Administrator Leon Wurl. Tom's Market M & K Supermarket Renewal - Forms required by the City and State were submitted by the City Clerk. Councilman Benninghoff made a motion to approve renewal of M & K Supermarket's 3.2 retail beer license for one year. Seconded by Councilman Clymer. Roll call vote - Mayor Barnard aye; Councilmen Beninghoff aye; Clymer aye. Glenrose Drug Stock Transfer - The report on the fingerprints, as per request of last Glenrose Drug Council meeting, was submitted by the City Clerk. Stock Transfer Councilman Clymer made a motion to approve the stock transfer of Glenrose Drug liquor license. Seconded by Councilman Benninghoffo Roll call vote - Councilmen Benninghoff ~ye; Clymer aye; Mayor Barnard aye. ~ Mayor Barnard stated Sergeant Drehobl's condition from a gun shot wound is good. His condition is serious but improving. Bullet has not been removed, waiting until his SegoDrehobl condition improves further. Councilman Carl Bergman arrived. Administrator Wurl explained that Patrolman Holmbeck has taken in the Drehobl children and bought them presents for Christmas. ORDINANCE #41, SERIES 1968, ANORDINANCE AMENDING TITLE XI OF THE ZONING CODE OF THE Ord. #41 CITY OF ASPEN RELATING TO USES-PERMITTED, USES-CONDITIONAL AND USES-NOT PERMITTED IN C-2 Uses C-2 COMMERCIAL DISTRICT AND DECLARING AN MMERGENCY TO EXIST was read by title only as agreed by Council on second reading by the City Cler'k. Councilman Clymer stated he was still not in favor of this ordinance, would like to see an area created for those businesses which will not be allowed in the C-2 zone. Councilman Bergman made a motion to adopt Ordinance #41, Series 1968 on second reading and order the same p~blished. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer nay. Motion carried. Gas Stations - Mayor Barnard stated he felt the Planning and Zoning should take a long Gas Statons look at creating an area or areas for gas stations. Reasons stated were the existing stations cannot improve their property and also those who wish to move cannot do so. They do not feel the C-2 District is a good area. Councilman Benninghoff made a motion that the City Council advise the Planning and Zoning Commission that they will submit within a reasonable time zoning and design for service stations within the area of Aspen. Seconded by Councilman Clymer. Roll call vote- Councilmen Bergman aye; Clymer aye; Benninghoff aye. Councilman Benninghoff made a motion to avoid a hazzle that the City consider passing an ordinance that no service stations be built within 300' of a public building. Attorney Kern suggested to Council he look into this and ma~ke a report on the legality of such an ordinance. Council agreed to have Attorney Kern look into this. 856 Regular Meeting Aspen City Council December 23, 1968 ORDINANCE #45, SERIES 1968, AN ORDINANCE APPR0~RIATING SUMS OF MONEY TO DEFRAY EXPENSES Ord. #45 AND LIABILITIES OF THE CITY OF ASPEN, COLORADO, FOR THE CITY'S FISCAL YEAR BEGINNING Appropriations JANUARY 1, 1969, AND ENDING ON THE LAST DAY OF DECEMBER 1969, was read by title only, ~-~ as agreed by Council on second reading, by the City Cler'k. Councilman Clymer made a motion to adopt Ordinance #45, Series 1968 on second reading and order the same publ~hed. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye. ORDINANCE #46, SERIES 1968, AN ORDINANCE AMENDING TITLE IV, CHAPTER 2, OF THE ZONING CODE OF THE CITY OF ASPEN PERTAINING TO ELECTRICAL CODE AND DECLARING AN EMERGENCY Ord. #46 Eleco TO EXIST was read, by title only as agreed by Council on second reading,by the City Code Clerk. Councilman Clymer questioned the emergency clause. Attorney Kern stated this was an ordinance whereby an emergency clause could be used, as adopting the National Electrical Code can be considered an emergency. Councilman Clymer made a motion to adopt Ordinance #46, Series 1968 on second reading and order the same published. Seconded by Councilman Bergman. Roll call vote Councilmen Benninghoff aye; Bergman aye; Clymer aye. Appointments - Mayor Barnard reported he had appointed Robert Sterling as the R.Sterling architect on the Board of Examiners and Appeals to replace Robin Molny. Bd. of Examiners Board of Adjustment Coun ilman Bergman made a motion to re-instate Donald Swales on the Board of Adjustment for another term. Motion died for lac'k of second. Bd. of Adj. Councilman Benninghoff made a motion to table this appointment till the next regular meetingo ~ Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman nay. Motion carried. Planning and Zoning Appointment - It was reported W~liam Tharp's term expires the 3rd P & Z of January. Also reported Robin Molny is interested in serving on the Planning and Zoning. Councilman Clymer made a motion to table this appointment till the next regular meeting. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Radio Bids - Administrator Wurl reported the radio's which Motorola installed did not meet~the specifications of the City and State. They now refuse to install radios Radio's to meet those specificatiQns at the price quoted on their bid. Council agreed to have the city Attorney and Administrator Wurl review the situation and report at the next.meeting. The Lodge, Rooming house license - Administrator Wurl reported just prior to Council meeting, the Building Inspector drove by the Lodge and they still do not Conform, The Lodge pumping ~as into cars on the premises. Attorney Kern suggest the Buiding Inspector notify The Lodge that they are in violation of the building code and to c~ase and Resist. If they still do not conform, turn it over to his office for further action. Councilman Benninghoff questioned the plowing of the alleys. Fire truck needed to get through and the alley was not plowed. Councilman Clymer reported he did not Alleys think the alley was in an unreasonable condition when the fire truck went through. Administrator Wurl to chec~k out. Councilman Clymer did report that one fire plug the fire department could not get opened and the other~one they could not get closed. Administrator Wurl to chec'k out. fire plugs Councilman Clymer request to be excused and permission was granted. Councilman Clymer left Council Chambers. Administrator Wurlreported the Chamber is requesting approval of the idea from Council for an excursion train from Glenwood Springs to Aspen. Discussed previous conver- excursion train sations with the railroad relating to the trac~ks in Aspen. Council agreed to table this till the next meeting when more information is available as to the railroads feelings on this and also if the train would be coming into Aspen or to Woody Creek. $57 Regular Meeting Aspen City Council . December 23, 1968 Re-zoning request, Schedule public hearing - City Clerk reported there is a request Crestahaus on file before the Planning and Zoning to re-zone the property 'known as the Crestahaus. ~-~ Re-zoning Planning and Zoning has scheduled a public hearing for January 14th, Council can schedule their public hearing for January 27th. Councilman Benninghoff made a motion to schedule a public hearing on re-zoning of the Crestahaus property for January 27th at 3:30 pim, Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Mayor Barnard aye. List of rooming house licenses as follows was submitted by the City Clerk. City Clerk reported all were in conformance with the code: Rooming House Licenses Holiday House Boomerang, Ltd. Vagabond Lodge Fasching House Rentals Apartment #11, Chateau Blanc Innsbruck Sports Motel Chalet Lisl Ski-Vu Lodge Aspen Inn Swiss Chalet Christianaia of Aspen Dormezvous Lodge Vfking Lodge Tipple Inn Apartment #6 The Applejac'k Inn Aspen Alps Cond. Assoctiation Bunkhaus Lodge Villa of Aspen Smuggler Lodge Aspen Meadows Nugget Lodge Hungarian Apartment's Chateau Blanc apt. #1 Ultr Lodge Chateau Aspen #10 Garret Timberidge Condo #1 Aspen Manor Pines Resort Hearthstone House Prospector Lodge Edelweiss Chalets Councilman Bergman made a motion to approve rooming house licenses for 1969 as per the list submitted by the City Clerk. Seconded by Councilman Benninghoff. Roll call vote - Mayor Barnard aye; Councilmen Benninghoff aye; Bergman aye. Par'king Lots - Administrator Wurl reported the 2 lots are ready, still waiting for Parking Lots stickers and signs. The lot next to the Opera House has already been taken up with requests for long term. Water - Copies of the Findings submitted to the'Court by Attorney FranCk Delaney were Water Findin submitted to Council. Administrator Wurl reported these Findings will be acted upon by Castle, Maroo the Court sometime in March, 1969. Durant North Side Annexation Appeal - Mayor Barnard reported the Council should designate Attorney Charles Howe of Boulder to represent the City on this appeal, he has agreed to N.S. Annexation handle this for the City. A brief will have to be filed within 30 days. Councilman Bergman made a motion to designate Attorney Charles Howe to handle the appeal Att.Charles Howe on the North Side Annexation in the Supreme Court. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Mayor Barnard aye. Mayor Barnard reported there is a problem with th~oof at the Opera House. The ice Opera House had to be 'knocked off from the side facing Mill Street. Suggested constructing a covered sidewal'k on the Mill Street side so that no one is hurt. Council instructed Administrator Wurl and Attorney Kern to check out the sub-lease with The Wheeler Opera HouseCompany as to their responsibility of the roof. Coughenour Suit - Attorney Kern reported he had related the City's feelings as to Coughenour Suit the 2 requirements which must be met: #1 - properly hook up to the Aspen Sanitatio~ Systen or Metro System or an approved sewer system and #2 provide suitable road to the site to Attorney Clint Stewart. Mayor Barnard suggest the Aspen Sanitation District think strongly about installing a large Sewer sewer line down Galena Street this next summer. Attorney Kern reported to Council the police car was involved in an accident whereby the · Police Car other party did not have insurance. The City carries $!00 deductable, damage to the polzce~ Accident car approximately $300. Request what Council wishes about collecting the deductable from the other party. Council instructed Administrator Wurl to chec~k and see if the other party would pay the $100 deductable. Councilman Bergman made a motion to adjourn at 5:1~ t~.m., seconded by Councilman Benningho~. Ail in favor, meeting adjourned. -~orraine Graves, City Cler'k