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HomeMy WebLinkAboutminutes.council.19690526 Regular Meeting Aspen City Council May 26, 1969 Meeting was called to order b~y~.Mayor Robert .Barnard at 3:55 p,m. with Councilmen Carl Bergman, John Benni{~ghoff, Clyde Clymer, City Attorney Albet Kern and City Administrator Leon Wurl. The accounts payable were ~given to Councilman Benninghoff to chec'k. Councilman Clymer moved to approve the minutes o~ April 28, 1969 as prepared and mailed by the City Clerk. Seconded by Councilman B.ergman. Ro~l call vote - Councilmen Bergmar aye; Benninghoff aye; Clymer aye. · ORDINANCE #12, SERIES OF 1969 - Excavations Councilmen Benninghoff reported he had Ordinance #12 received calls relating to this oydinance following first reading from members of Excavations the Pit'kin County Co:ntractors Asso~iation. Mr~ Jim Pitts of Esco was present and stated althrough he was not present to represent the Association, he felt that the feelings Of the Association are that the 2 daY limitation is too short of a length o f time because Y0U~ have to take into consideration the weather and there are times whet the City is unable to make the tap immediately. Would ii'Re to protest the 2 day limit, should be twice as long, work cannot be completed in that length of time. Mayor Barnard pointed out the contractors have taken advantage of the City in the past, repairs are not made properly and there leaving the cuts open for such long periods of time. Administrator Wurl pointed out.it has been the policy of the City that the day the City is contacted to make the tap that the tap is made either that day or the following day. Administrator Wurl also ppinted out the 2 days would be the contractors part of the excavation, there is also time needed following this 2 day limit in ~hich the City repairs the street surface and then time for this to set up which takes totally 7 days. Mayor Barnard called for second reading of the ordinance. ORDINANCE #12, SERIES OF 1969, AN ORDINANCE AMENDING PORTIONS OF CHAPTER 2, TITLE VIII AND REPEALING PORTIONS OF CHAPTER 2, TITLE VIII OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PERTAINING TO EXCAVATIONS AND HEREB]( DECLARING AN EMERGENCY TO EXIST was read by title only, as agreed by Council, on second reading by the City Cler'k. Councilman Clymer moved to adopt Ordinance #12, Series of 1969 on second reading and order the same published. Seconded by Councilman Bergman. Councilman Benninghoff request if there could be an addition to the ordinance whereby due to extenuating circumstances either the City-Administra~0r or City Engineer could be contacted for an extension. Roll call vote - Councilmen Clymer aye; Benninghoff nay; Bergman aye, Motion died and ordinance defeated by Councilman Benninghoff. House of Lum - Beer, Wine and Spirituous liquor license - City Clerk submitted to House of Lum Council copies of a new lease between the House of Lum Corporation and Dorothy Kelleher. Attorney Kern reported the lease was all in order. Councilman Benninghoff moved to grant a beer, wine and spirituous liquor license to the House of Lum Corporation~ Seconded by Councilman Clymer. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Rooming House Licenses - The following apPlications were submitted by the City Cler'k Rooming House and all in order: North of Nell, North of Nell Units 4A, 4B and 4F; Guest House; Licenses Snow Chase Lodge; Aspen Corrina; Chateau Chaumont #11, #18, #19, #21, ~8, #17, #14, #4, #20; ChateauDuMont #2, #16, #6, #7, #15, #8, .#19, #13., #5 and the Copper Horse. Councilman Bergman moved to approve rooming house licenses for ~thos e applications submitted by the City Clerk. Seconded by Councilman Clumer. Roll call vote Councilmen Bergman aye; C!ymer aye; Benninghoff aye. West Aspen Company Annexation Zoning - Mayor B~rnar~ oPened the public hearing and West Aspen Co. read the recommendation from the Planning and Zoning Commission calling for R-15 zoning Annexation for this area. There were no comments from the floor. Mayor Barnard closed,the public Zoning hearing. Mr. Dunaway of the Aspen Times questioned what happens to this are if the Supreme Court declares the North Side Annexation void. Attorney Kern reported that the annexation statute doe~ provide for an area annexed by election remains a part of the City until the Supreme Court says otherwise. It is a question whether you can annex to a territory that is under litigation in court. Administrator Wurl added that the majority of attorneys contacted felt that the area annexed to and after the North Side Annexation would remain inside the City limits should the North Side Annexation fail. 915 Regular Meeting Aspen City Council May 26, 1969 Ordinance #18 ORDINANCE #18, SERIES OF 1969, AN ORDINANCE AMENDING TITLE XI CHAPTER 1, OF 'THE Zoning ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING, TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO BY 0RDIN~NCE NO. 28, SERIES OF 1968, AND DECLARING AN EMERGENCY TO EXIST was read in full by the City Clerk on first reading. Councilman Bergman moved to adopt Ordinance #18, Series of 1969 on first reading and order the Same published. Seconded· by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye. Excavation Ord. Excavation Ordinance - Councilman Benninghoff questioned if the ordinance which was passed on.first reading could be amended and read on second rea~ing. Attorney Kern stated you can amend the existing ordinance and read it on first reading at this meeting or pass this ordinance on second reading at this meeting and amend it at the next meeting with a new ordinance. COuncilman Clymer pointed out the ordinance that exists in the Code and was~adoPted calls for 2 day limitation. Administrator Wurl pointed out the ~nanc~u~de~epnsideration mainly c'alls for the City.to do the repairs which is a critical thing at this time. Tabled till later in the meet~g. Opera House Opera House, Fire Escape Bids - One bid was rec&ived from Highland Welding and Fab- Fire Escape ricating in the total amount of $3,500 - material $1,370.00, labor $1,920.00 and painting $240.00. City Engineer Mah~ke stated the bid meets the standards as set dom by the City. Councilman Benninghoff moved to approve the bid from Higbtand Welding and Fabricating for the~OPera House Fire Escape in the total amaunt of $3,530.00. Seconded by Council- man Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. P & Z Appointmen~ Appointements - Planning and Zoning - Mayor Barnard appointed Norm Clasen to the Planning and Zoning Commission to replace Yvan Tache. Board of Adjust- Board of Adjustment - Administrator Wurl reported the following names are recommended ment by the Board of Zoning Adjustment. Norm Clasen, Tom Benton and Joel Hartmeister. Appointment Mr. Wurl also reported this term, which is a replacement term, expires on October 7, 1969. Councilman Bergman stated Joel Hartmeister is willing to serve on this Board. Motion was made by Councilman Bergman, seconded by Councilman Clymer to appoint Joel Hartmeister to the Board of zoning Adjustment to replace Irwin Harland. Rott~.~dall vote - Councilmen Benninghoff abstain; Bergman aye; Clymer aye. Motion carried. Council request the City Clerk send a letter to Mr. Hartmeister as to his acceptance to serve on this Commission. Hunter Creek Hunter Creek Water Contract - Two lease contracts were submitted, second contract Water Contract included changes as relates to repairs, maintenance and insurance. Councilman Benninghoff moved to approve the lease contract as amended, seconded by Councilman Clymer. AttorneY Kern reported the corporation name has not been filed as yet, but will be in the next feW' days. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye. Dale Rea Contract Dale Rea Contract - Administrator Wurl questioned Council if they would like to sign a contract with Dale Rea for the engineering on the clarifier, storage reservoir and transmission line or just the clarifier which is most important at this time. It was pointed out there is not that much d~fference in price if all is doric at one time. Engineering costs are figured on a curve basis 8 to 10% of the project cost. Admin- istrator Wurl pointedout the clarifier project is eStimated at~a cost of $125,000~. Councilman Clymer moved to authorize the Mayor and City Clerk to enter into a contract for engineering with Dale Rea on the clarifier and to call for bids on construction for June 23rd and preliminary design'for the transmission line and storage reservoi~ on Red Mountain. Seconded by COuncilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Hunter Creek Cont. Administrator Wurl reported he had been asked ~y the Hunter Creek Water Company to Insurance include in the lease under insurance $100,000 each occurance and $300,000 total. Councilman Bergman moved to include in the lease with the Hunter Creek Water Company under insurance $100,000 each occurance and $300,000 total minimum. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye 916 Regular Meeting Aspen City Council May 26, 1969 Water Bonds - Administrator Wurl stated he had talked to Mr. Tierney and feel at this Water Bonds time since the mar'ket is so high to call only for bids on the clarifier in the amount of $125,000. ~ Councilman Clymer made a motion to authorize Administrator Wurl to call for bids on water bonds in the amount of $125,000 for June 23rd, covering the clarifier. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Benninghoff ~ aye; Clymer aye. Sprinkling System, Paepcke Park - Administrator Wurl pointed out that the par~ks Sprinkling System are getting so much use during the day that it requires watering at night. For the Paepcke Park last year or so have hired someone to water at night. Councilman Bergman moved to authorize Administrator Wurl to call for bids for a sprinkling system for.Paepcke Park for June 23rd meeting. Seconded by Counciman Benninghoff. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Teen Center - Electrical and sprinkling system. Councilman Benninghoff moved to call Teen Center for bids for June 23rd for the electrical and sprinkling system for the teen center. Seconded by Councilman Clymer. Roll call vote Councilmen Benninghoff aye; Bergman aye; Clymer aye. Alleys - Administrator Wurl request authorization to call for bids for asphalt paving Alleys of the following alleys: Red Onion alley, Glenrose Drug alley, Eagles Club alley, Paving City Hall alley, Ski Corporation alley, alley behind the Opera House and the alley at the Post Office. Benninghoff questioned if there would be any participation on the costs or would the City pay the entire cost. Administrator Wurl reported the City ~y the entire cost. Administrator Wurl reported the City would pay the costs. Discussed the forming of a district. Administrator Wurl pointed out there are two problems involved with forming a district - timing and lac'k of interest. Wurl also mentioned that this would set a precedent and also paving of the alleys would eliminate the continual problem of trackage on the streets. Councilman Clymer moved to call for bids for June 23rd on the paving of the al!e~s as outlined by the City Administrator. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff nay; Bergman aye. Motion carried. Four-County Resource Planning Development - Marion Scott gave a report to Council on Four-County the first meeting which he attended on April 28th. They are requesting the City of Resource Aspen and also Pitkin County appoint someone, preferably a Councilman or County Planning Commissioner, to serve on the steering committee of this Board. Organization includes Development Pitkin, Eagle, Garfield and Mesa Counties. Council agreed to have Marion Scott represent the City Of Aspen at their next meeting. Marion Scott to contact the City Council if assistance~is needed. Burrough's Machine - Administrator Wurl reported there were no bids received with a Burrough's minimum of $2,000. Would like to request the City lower the minimum to $1500 and Machine also authorization to enter into a lease arrangement with someone who might be interested in going this route. Councilman Clymer made a motion to authorize Administrator Wurl to negoiate in the best interest of the City as relates to the Burrough's machine. Seconded by Council- man Benninghoff. All in favor, motion carried. Hunter Street - Administrator Wurl related Father Bosch is requesting the closing of Hunter Street Hunter Street during themonth of June, 5 days a week from 9:30 a.m. to 11:00 a.m. for Bible School. Councilman Clymer made a motion to authorize Father Bosch to close Hunter Street from 9:30 a.m. to 11:00 a.m. during the month of June for Bible School. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. RESOLUTION #4, SERIES OF 1969 as foRows was read in full by the City Cler~k: Resolution #4 Annexation Lot 22 RESOLUTION #4 Series of 1969 WHEREAS, the City Council of the City of Aspen has accepted a petition for annexation of Lot 22, First Filing, West Aspen Subdivision -- which was f£1ed with the City Clerk on May 26, 1969; and Resolution #4 ~.~2 WHEREAS, the City Council of the City of Aspen makes the Annexation Lot 22 following findings of fact regarding said annexation: 1. There is atleast one-sixth contiguity between the present City of Aspen and the area seeking annexation. 2. A community of interests exists between the territory to be annexed and the City, as evidenced by the following facts: ~ a. More than 50 per cent of the adult residents of the area to be annexed use part or all of the recreational, civic, solcial, religious, industrial or commercial facilities of the City of Aspen, and more than 25 per cent of the adult residents are employed in the City of Aspen, b. Less than one-half of the land to be annexed is agricultural, c. It is physically practical to extend normal urban services to the area to be annexed, on the same terms and cond- f.~7 itions as such services are avilable to residents of the City of Aspen, and WHEREAS, said petititn~rs are the owners of one hundred per cent (100%) of the land proposed to be annexed; and, WHEREAS, no election is required under said Act; and, WHEREAS, the City Council determines not to impose additional terms and conditions upon said land proposed to be annexed; NOW, THEREFORE, BE IT RESOLVED that the City Council of the ~ ~ City of Aspen hereby accepts the petition for annexation. Councilman Clymer moved to Adopt Resolution #4, Series of 1969 as read in full by the City Cler~k. Seconded by Councilman Bergman. Roll call vote - Councilman Benninghoff aye; Bergman aye; Clymer aye. Ordinance #19 ORDINANCE #19, SERIES OF 1969~ AN ORDINANCE ANNEXING LOT 22, FIRST FILING, WEST ASPEN Annex Lot 22 SUBMIVISION, PITKIN COUNTY, COLORADO was read in full on first reading by the City Clerk. Councilman Bergman moved to adopt Ordinance #19, Series of 1969 on first reading and orde~ the same published. Seconded by Councilman Clymer. Roll call vote- Councilmen Bergman aye; Benninghoff aye; Clymer aye. Accounts Payab .e Accounts payable - Councilman Clymer questioned the vehicle purchased bythe City from the Bar,k of Aspen. Administrator Wurl reported the 1968 Jeepster would be used by all departments and the City was able to get a good price. Councilman Benninghoff questioned if the Councilman who would be checking the bills could have the bills prior to Council meeting rather than checking them during the meeting. Council instructed the City Clerk to notify the Councilman who would be checking the bills when they are avi~able for review. Councilman Benninghoff moved to approved the accounts payable as submitted the the Finance Department. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Questionnaire Questionnaire - A proposed questionnaire to be sent out to all water users was submitted by Water Users Administrator Wurl. CoUncilman Bergman moved to authorize Administrator Wurl to send out the questionnaire as submitted. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye. Parking Spaces Parking spaces - Administrator Wurl related a request to Council from the conctractor doing the building Winter Shop at the Winter Shop for two or three parking spaces in the bus zone to be set aside, the two hour parking not be enforced so that they can park their trucks which have equipment~ materials and tools close to the job site. Discussed temporarily not enforcing the two hour parking on Mill from the Medical Clinic up to Durant Street along the park. Council agreed they would be setting a precedent and also agreed to deny this request. Bavaria Lodge Trees~ Bavarian Lodge - Administrator Wurl reported the owners of the Bavarian Lodge would like to remove th Trees large cottonwood tree which is in the middle of the blue sprmce trees and replace it with a blue spruce. Councilman Bergman moved to approve the removal of the cottonwood tree at the Bavarion Lodge and to be replaced by a 6' minimum blue spruce tree. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. Pop Corn Pop Corn Wagon - The ovnaer of the wagon was present and requested permission~ as sheewould have to move Wagon from her present location~ to lacate the wagon on City property either at the Wonder Shop driveway between the curb and sidewal~ or at the Aspen Drug between the curb and sidewalk. Councilman Clymer pointed out this would set a precedent and where would Bou draw the line. It was pointed out that this is a non-permanent structure which is an antique and also has historical value. Council agreed to have City Attorney Kern look into this and report at the next Council Meeting~ Golf Course Golf Course - Administrator Wurl reported 13 single passes have been sold, 4 family and t~ date have Receipts taken in $2150 in receipts. Two Hour Parking Two hour parking - A report from the Police Department on the number of tickets issed was submitted. Administrator Wurl submitted a request from the%~orthern Illinois University to use the junk cars at the dump to be hauled in during one week of the design conference to be piled 10, high along with old bathtubs 918 Regular Meeting Aspen City Council May 26~ 1969 ere and then they will be hauled back to the dump. Junk Cars Councilman Bergman made a mo~on to authorize this request to haul the cars in and also that they be hauled back to the dump. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye~ Benninghoff aye~ Bergman aye. Administrator Wu~l request permission to continue with the appraisals on the block aoross from the City Property Acros Hall. Mayor Barnard pointed out Mr. Leo Rowland now has refused to sell his property. Administrator from City Hall Wurl pointed out in the long range plan to acquire this block for parking etc. it would be wise to have Appraisals the appraisals considered in the light of condenmation if this is what comes about. Also reported the~ are 5 or 6 problems in the block~ appraisals will cost $300. Councilman Benninghoff stated he was not in favor of an appraisal for condemnation~ also does not agree with the Cityproviding parking. Administrator Wurl pointed out the pedestrian mall area~ transit system and parking are all keyed together in the capital improvements program. Council agreed to hold this in abeyance. Hotel Jerome Pool - Mr. Wurl ~ubmitted an agreement between the City of Aspen and John Gilmore of the Hotel Jerome Hotel Jerome for the use of the pool for the summer recreation program in ~he amount of $200 for the Pool course of the lessons. AdministraSor Wurl reported he had talked to Attorney William Clark who is representing the owners of the pool which was used last year and they are presently havi~g the property appraised. Councilman Bergraan made a motion to authorize the Mayor and City Clerk to sign the agreement with John Gilmore of the Hotel Jerome for the use of the pool~for the recreation program from June 22 to July 25th. Seconded by Councilman Benninghoff. Roll Call vote - Councilmen Bergman aye~ Benninghoff aye~ Clymer aye. Letter from the Planning and Zoning Commission relating to heights and open space was read by ~ayor Heighth, Open Barnard. Councilman Bergman stated the key here is a full time planner and this we need desperately. Space Copies of the lease with the Buream of Land Management were submitted to CoUncil as relates :to the extension fo Ute Park. BLM Lease Councilman Bergman questioned how the remaining Councilmen felt about the location of Highway 82 as Highway 82 relates to the City. Also stated the City needs also a planner working on this and suggest the City hire Trafton Bean for this. Administrator Wurl to submit proposals and recommendations to-Council to be considered. Attorney Kern Stated he was Anable to prepare the ordinances relating to leasing as all the information was not available. Will be re~dy by the next meeting. Ordinance #30 and 41~ Series of '1968 - Attonney Kern reported he'was notified by the City Clerk following ~rdinance the last Council meeting that Ordinance#41~ Series of 1968 relating to uses in the C-2 zone were i#30 & #41 adopted without the legally required n%anber of votes for passage. Council instructed City Attoreny Kern to prepare an ordinance ratifying Ordinance $30 and ~41~ Series of 1968 to be considered at the next meeting. Councilman Clymer questioned who was responsible for installing the thaw wires on water services. Thaw Wires Administrator Wurl stated it was the Water Superintendent's responsibility and if any have been missed it is very few Also questioned the cross pan with a large hole in it at]the corner of Main and Spring. Administrator Cross Pan Wurl to check out. Council questioned what is happening with Coughenour-Stadler. Attorney Kern reported they are still Coughenour/Stalde~ negoiating with Dean Billings on the purchase of his property. Councilman Clymer moved to adjourn at 7:05 p. m.~ seconded by Councilman Benninghoff. All in favor~ meeting adjorned. Lorraine Graves~ City Clerk