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HomeMy WebLinkAboutminutes.council.19691013~.egular Meeting Aspen City Council October 13~ 1969 Meeting was called to order at 3:45 p.m. by Mayor Robert Barnard~ Councilmen Carl Bergman~ Werner Kuster~ Clyde Clymer~ City AdminiStrator Leon Wurl and City Attorney Albert Kern. The accounts payable were submitted to Councilman Ber~man prior to the meeting to check. Accounts Payable Councilman Kuster moved to approve the minutes of September 22~ 1969 as prepared and Minutes mailed by the City Clerk. Secondedby Councilman Clymer. Roll call vote - Councilmen Bergma~ aye; Clymer aye; Kuster aye. The Shaft - Renewal of 3.2 Bee'r License - Forms as required by the City and State were The Shaft submitted to the Council. Council questioned if the garbage problems had been resolved. Renewal Liquor Mr. Leonard 0ares representing the owners reported they had built an area in the back for License garbagem they have complied with the request of the Police Department. Councilman Bergman moved to approve renewal of the 3.2 beer license for one yeaA to The Shaft. Seconded by Councilman Clymer Roll call vote Councilmen Clymer ay ~ Kuster abstain; Bergman aye; Mayor Bernard aye. Motion carried. Theodore's Inc. - New apptica{ion for beer~ wine and sp~mituous liquor lice~[se. Theodore's Liquor License' Ail forms required by the Cit~ and State were submitted to the Council by the City Clerk. Council reviewed the forms. Mayor Bernard opened the public hearing on this request. Attorney Ron Austin was prese%t representing the owners and reported both Te[d Gordon and J Janet Lou Gordon~ husbandand wife~ are the sole stock holders and are both long time residents of Aspen. Wish to obtain a full liquor license in conjunction wit~ the restaurant. Mr. Gordon did own the Rendesvous~ license was not revoked. Applying for a license for 508-510 E. Cooper in the basement which was formally the Steak Pit who has transferred to a different location. Mr. Austin offered 13 letters from liquor license holders i~ the community and request they be included in the file, In essence they all. stated no objection and also stated that a liquor license is essentialkto a reataurant to attract'people to the restaurant and to help with the overhead. Will be a p~sh middle class restaurant with : meals ranging from $3.50 to $~.50 from steak to fish~ chicken and rice dishes. Architectura~ : plans were submitted for remodeling~ Lease runs through October 1971 with renewal privilsge. 949 Regular Meeting As~en~City. Council , October 13~ 1969 Theodore's Councilman Bergman moved to approve this application for a beer~ wine and spirituous Liquor liquor license for Theodore's Inc. Seconded by Councilman Clymer. Roll call vote - Council- ~ License men Bergman aye; Kuster abstain; Clymer aye; Mayor Bernard aye. Motion carried. Freudian Sllp Transfer - Freudian Slip~ Inc. - Attorney 0ares was present and stated this is a transfer oI Transfer the Sunnie's Rendezvous liquor license to Freudian Slip - owners Jim Gibbons (presnnt and DeSellier who was unable to attamd this meeting. Operation will be mainly a nightclub with the restaurant. Mr. Bidwell will assign the lease~ runs for 16 years. Mr. Bidwell has orally given approval of the lease assignment~ problem on the lease is that he ~'eels the present owners are in default on a few things, i.e broken window. He refuses to sign anything until the closing. Councilman Clymer moved to approve the purchase and sale to Freudian Slip Inc. on the condition of assginment by Bidwell on the lease to the new owners. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster abstain; Bergman aye; Clymer aye; Mayor Barnard aye. Motion carried. Mr. Oates stated he would contact the City Attorny when the closing and assignment takes place. Judges & Clerks Judges and Clerks ~Anicipal Election - City Clerk submitted to Council a list of the personsi to act as Judges and Clerks fmr the Municipal Election on November Sth. Councilman Kuster moved to approved the list of judges and clerks as submitted by the City Clerk. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Clymer aye; Bergmsm aye. Starboard Tack Starboard Tack entrance - Mr. Volz was present and submitted to Council a plan to remodel Entrance the entrance to the restaurant. Wish to take the present railing (~n sidewalk area) and replace this with a brick wall with cover so that litter amd snow d~s not collect on the stairs. Council stated they were concerned that this would be another wall since it would be solid and hesitated letting someone construct a wall on a public sidRwalk. Council agreed %o table this request and ask Mr. Volz to bring in revised plans. Public Hearings Public Hearings Schedule Councilman Kuster moved to schedule a public hearing on zoning Schedule ~of Lot 22~ zoning of A~:pine Lodge and the capital improvements program for November loth at 3' 0 · 3 p.m. and request the City Clerk publish notice. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Clymer aye; Kuster aye. Mr. Ed Graves of the Multi-County Conservation and Development Planning Committee was prese~ Resource and requested the support of the City of Aspen along with other towns ~nd cities in the 5 Planning counties in sponsoring an application for a resource planning project relating to ~rans- Committee portation~ sewage~ po!lution~ recreation~ economic problems~ water supply~ water sheds~ low cost loans~ improve housing for low income families~ water drainage and needs of the valley as a whole. No money required at this time. Councilman Kuster made a motion to authorize the Mayor and City Clerk to sign the applica~ tion and the City of Aspen to sponsor this application to the Uhited States Department of Agriculture. Seconded by Councilman Clymer.- Roll call vote - Councilmen Kuster aye~ Berg- e' man ay ~ Clymer aye. P & Z -Sidealks Sidewalks - City Clerk submitted to the Council a rough draft of an ordinance pertaining to sidewalks drafted by the Planning and Zoning Commission. Councilman Kuster medea motion to authorize the Planning and Zoning Commission to study further the sidewalk ordinance. e' Seconded by Councilman Clymer. ~oll call vote Councilmen Clymer ay ~ Kuster aye; Bergman aye. Vacancy P & Z Administrator Wurl reported to the City Council there is a vacanny, on the Planning and Zoning Co~mmission~ George Heneghan as moved outside the City. Council agreed to table this till the next meeting. Bd of Ex & Appe~oard of Examiners and Appeals - Tabled till next mD~ting. AdministratorWurl related a request from the Planning and Zoning Commission for Council P & Z Assistanc~ approval to use the $500 allocated in the 1969 budget to hire a parking expert or engineer to assist the Commission on locations and fees for parking structures. Councilman Bergman moved to authorize City Administrator Wurl to engage someone to work with the Commission on parking locations and fees. Seconded by Councilman Kuster. Roll call vote Councilmen Bergman aye; Kuster ~aye; Clymer aye. Accounts Payabl~ Councilman Bergman moved to approve the accounts payable as submitted by the Finance Department. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Bergman aye; Clymer aye. Regional Sewer Mayor Bernard recommend the Council submit the regional sewer study to the Planning and ~ Study Zoning Commission for approval to include ~n the Master Plan. Councilman Clymer moved that the regional sewer study~be submitted to the Planning and Zoning Commission for in- clusion in the Master Plan. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; Clymer e' ay ~ Bergman aye. 950 Regular Meeting Asp.~n~ City Council Oetob~r~l.3.~ 1969 Ski Bus Route - Mr. Adams from the Ski Corporation was present and request permission for. Ski Bus Route one stop for the Snowmass bus at the northwest corner of ~ag~er Park. Would like to set ~p a booth to sell tickects ~hich will be ~1.00 one way. Route would be off Main Street on Aspen to the' lift and then east on Durant and then north on Monarch. Discussed selling tickets on public property. Councilman Ber~man made a motion %o approve the bus rouve submitted by Mr. Adams with one stop. Seconded by Councilman Cly~aer. Roll e' e' call vote - Councilmen Clymer ay , Kusteray , Bergman aye. Courxcilman Ctymer made a motion to apRrove parking of other Ski Corporation buses on the south side 1/2 of Ruby Park and 2 bus lanes on the south side of Wagner Park and rouve the buses the same as last year with the above excepvion on parking. Seconded by Councilman Bergman. Roll call vote Councilmen Bergman aye; clYmer e' ~ ay , Kuster aye. Hotel Jerome - Rezoning Request - Councilman Bergman moved vo schedule a public hearing on Hotel Jerome rezoning of the Hotel Jerome property for November lOth~ 3:'30 p.m. and the City Clerk vo Rezoning publish notice. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Cl~vmer aye; Kuster aye. Administrator W~rl reported the County Commissioners had approved appointment of Mr. Lamon~ Sanitarian Kinkade as the new sanitarian. Has had previous experience in Mesa County. Councilman Clymer moved to appoint Mr. Lamont Kinkade as the samitarian for the City of Aspen. Seconded by ¢ouncilman Kuster. Roll call vote Councilmen Kuster aye; Clymer aye~ Bergman aye. Administrator Wurl submitted a request for dedicating and naming the area across from Herron Park Herron Park as an extension of Herron Park and the small area on King Street to be dud- Garfish Park icated as a park and named the Garfish Park since Michael Garrish during his term of offic( as Mayor delt with this area in the East Aspen Patent. Councilman Kuster moved to authorize the City Attorney ~o prepare resolutions dedic%ting and naming the areas as outlined by Administrator Wurl extension of Herron Park and The ' e Garrish Park. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye~ ~lym r e' ay ~ Bergman aye. Holy Cross Electric - Administrator Wurl reported since the City has won the case on the Holy Croes north side annexation~ would like approval to negoiate with Holy Cross on acquisition of Acquisition the electric service in the annexed areas and if feasible outside the city limits. Council- man Bergman moved to authorize the City Attorney and City Administrator to negoiate with Holy Cross on acquistion of the electric service within and without the City. Seconded by Councilman Clymer. Roll call veto - Councilmen Bergman aye; Kuster aye; Clymer aye. Home Rule - Council questioned on how soon proceedings could svarv. City Attorney Kern Home Rule reported it would depend on when the petitions are submitted. The first election on whether vo go home rule has to be held not less than 30 dys nor more than 60 days from the date of the filing of the petition. The second election requires that those running for the charter committee circulate their petitions nov less than 45 days following the prior election and must be submitted at least 25 days before the second election. Charter committee has 60 days vo prepare a charter and then it is published and voted upon.. Can.~ all be accomplished in approximately a - month period. Administrator Wurl request Council approve Attorney Charles Howe to advise the City Council and Charter Committee on Home Rule. RESOLUTION ~21~ SERIES OF 1969 was read in full by the City Clerk as follows: RESOLUTION =21 Resolution #21 Series of 1969 Home Rule WHEREAS~ the City Council of the City of Aspen~ Colorado feels that it is beneficial for the municipality to become a home rule city and to provide for the procedures of adopting a home rule charter as required ~y statutes and the Constitution of the State of Colorado. NOW~ TH~REFORE~ the City Council of the City. of Aspen endoreses and encourages the citizen~ of the City of Aspen to initiate a home rule election by suitable petition to their city government. BE IT FURT}IER RESOLVED that the City make such expenditures as are necessary to pay for th~ procledures and elections required by law for the adoption of home rule. BE IT FURTHER RESOLVED that the City employ an advisor to the City Council and the charter convention. Councilman Borg, nan moved to approve Resolution ~21~ Series of 1969 as read in full. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye. Councilman Kuster moved to hire Attorney Charles Howe to advise the City Council and Home Rule Charter Committee on home rule proceedings. Seconded b~ Councilman Berg=man, Roll call vote- Adviso9 Councilmen Kuster aye~ Bergman aye~ Clymer aye. 951 Regular Meeting Aspen City Council October 13~ 1969 White Construct White Construction~ Clarifier pay estimate - Councilmen Clymer moved to pay White ~ + ~ Roll call Pay Estimate Construction $7~712.76 for work completed. Seconded by Councilman vote- Councilemn Clymer aye; Bergman aye; Kuster aye. Water Bond Water Bond Issue - Administrator Wurl stated the preliminary estimate has been revised by I Issue Dale Rea due to the reservoir having to go underground and also added the cost of the · ~ water line coming in behind Marolt property and the City's participation going down the highway. Now estimate the cost will be $350~000. Councilman Kuster made a motion to authorize City Administrator Wurl to call for bids in the amount of $350~000 for a 1~" and 16" transmission lines~ reservoir~ extension to the airport~ line from present filter plant to Red Mountain tank. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Ctymer aye; Kuster aye. State Highway State Highway Requests - Administrator Wurl reported the following had been approved by Requests the County Commissioners: 1. - The four-laning of Colorado State Highway 82 from the ~ast Aspen city limits to Gerbazdale. The Aspen City Council has adopted a resolution indicatin~ their preference that four-laning from the Castle-Maroon Creek turnoff go directly into the present Main Street at Seventh. Along with the School Board and the Board of County Commissioners the City Council has indicated their support in the request that the present highway routing from Castle Creek bridge to Seventh and Main be established as a frontage road to accommodate local traffic. The important feature that everyone is in agreement on an actually is considered as top priority is the request for a separation structure at the Castle and Maroon turnoff that will alow the local traffic, school buses~ ect.~ to go underneath the proposed four lane.2. - If it appears that the actual construction of the four-laning will be delayed we would appreciate your consideration of our earlier request to widen and provide turn lanes at the Aspen Municipal Golf Course~ Buttermilk Ski Area~ Sardy Airfield and the upper Woody Creek turnoff such as have been established at the Marog~- ~astle Creek turnoff and the Snowmass-at-Aspen turnoff. 3. - Also in the event of the delay of the construction of the four lane we would apprecia~!e any possible widening and straghtening of the bad curves in the area of the Shale Bluffs of nowm ss-at- en turnoff. The installation of curb and gutter and the widening and resurfacing of Colorado 82 from Original Street to the east city limits. 5.- We request your consideration of establishing the road paralleling the Frying Pan Ri~er as a state highway. 6. - Our last request is that you allocate as much interstate money as possible to the portion of 1-70 from Glenwood Springs to Denver. Council request Administrator Wurl add to the requests that Independence Pass be designate~i as a scenic route or some means that would restrict trucks. Administrator Wurl stated he had talked to the highway engimeer and was told the first week in August the State 5ighway Department had traffic counters just west of the Castle Creek Bridge and over a 3 day period the count exceeded 12~000 cars a day. Figure average count annually at 8~000 per day. Criteria for ~ laning is that the highways should be completed when handling ~00 cars a day. Councilman Kuster moved to approve the requests as outlined by Mr. Wurt and the County Commissioners and include the request for Independence Pass and recommend these requests to the State Highway Department. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye~ Bergman aye~ Clymer aye~ Bus Depot Bus Depot~ Councilman Kuster moved to authorize the City Administrator and City Attorne~ to prepare an easement with San Juan Tours for egress and ingress for new proposed bus depot. Seconded by Councilman Bergman. Roll call vote Councilmen Kuster yae; Bergman aye~ Clymer aye. Dump Lease Dump~ Lease - City Attorney Kern request permission from Council to change some of the Cycle Course wor~ing in the prepared lease and also provide space for the signatures of the County Commissioners~ and add suitable sanitary facilities must be provided. Councilman Clymer moved to approve the lease with the corrections made by the City Attorneyli and approval contigent upon approval by the County Commissioners and the map as submitted be made a part of the lease. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye~ Clymer aye~ Bergman aye. Resolution #19 RESOLUTION ~19~ SERIES OF 1969 calling for transfer of funds from the ~ater Operating fund Transfer Funds to the General Fund in the amount of $~5,000.00 was read in full be the City Clerk. Councilman Kuster moved to approve Resolution ~19~ Series of 1969 as read in full. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Bergman aye; Kuster aye. Resolution #20 REO~LUTION ~ SERIES OF 1969 calling for transfer of funds from the Electric Operating Transfer Funds Fund to the General Fund in the amount of $20~000.00 was read in full by the City Cle~ Councilman Clymer moved to approve Resolution ~20~ Series of 1969 as read in full. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Bergman aye~ Clymer aye~ Resolution#iT RESOLUTION ~17~ SERIES OF 1969 amending the mill levy to 2 mills and amending the total I ~f~xx~ assessed valuation to $21~231~100.00 was read in full by the City Clerk. Councilman Kuster i Budget moved to approve Resolution ~17~ Series of 1969 as read in full. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Clymer aye; Kuster aye. 952 Regular Meetin~ Aspen City Council October 13~ 1969 ORDINANCE ~27~ SERIES OF 19697 AN ORDINANCE LEVYING TAXES FOR THE YEAR 1970~ TO DEFRAY THE Ordinance ~27 OOST 0F MUNICIPA~ GOVERNMENT OF ASPEN~ COLORADO~ FOR THE FISCAL YEAR BEGINNING JANUARY 1, Mill Levy 1970, AND ENDING DECEMBER 31, 1970 was read in full on second reading by the City Clerk as amended. Councilman Clymer made a motion to adopt Ordinance ~27, Series of 1969 on second reading as read in full and order'the sa~e published. Seconded %y Councilman Bergman Roll call vote - Councilmen Kuster aye; Bergman aye; Clymer aye. RESOLUTION ~18, SERIES OF 1969 providing for annexation of Lot 8, West Aspen Subdivision~ Resolution Pitkin Counvy, Colorado Filing 1-A was read in full by the City Clerk. ~18 West Aspen Sub Councilman Kuster moved vc adopv Resolution ~18, Series of 1969 as read in full. Seconded Annexation by Councilman Clymer. Roll ~all vole - Councilmen Clymer aye; Kuster aye; Bergman aye. ORDINANCE ~29, SERIES OF 1969, AN ORDINANCE PROVIDING FOR THt ANNEXATION TO THE CITY OF Ordinance :~29 ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS West Aspen Sub ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN~ COLORADO was read in full Lot 8 by the City Clerk on first reading. Councilman Clymer moved so adopz Ordinance ~29~ Series ~f 1769 on first reading and order the same published. Seconded by Councilman Kuster. Roll call vole - Councilmen Bergman aye; Clymer aye; Kuster aye. ORDINANCE ~28, SERIES OF 1969~ AN ORDINANCE AMENDING SECTION -, CHAPTER 1~ of TITLE I OF Ordinance #28 THE OFFICIAL CODE 0F THE CITY OF ASPEN RELATING TO COMPENSATION OF THE POLICE MAGISTRATE Magistrate was read in full by the City Clerk }n first reading. Ski Corporation Easement - Councilman Bergman moved ~o authorize the Mayor and City Clerk Ski Corp. sc sign the easement. Seconded by Councilman Kuster. Roli call vo~e - Councilmen Bergman Easement aye; ~lymer aye; Kuster aye. Councilman Kuster slated he would like ~o compliment the City Administrator on the budget for 1970. Councilman Kuster made a motion Lo adops Ordinance ~28~ Series of 1969 on first reading Ordinance ~28 and order the same published. Seconded by Councilman Bergman. Roll call vole - Councilmen Magistrate Clymer aye; Bergman aye; Kuster aye. Administrator Wurl menvioned the correspondence sans Lo ~ouncit previous ~o the meeting. Also requesL approval of the breakdown of the monies received on the salestax. Councilman Clymer made a motion v~ approve the breakdown of the'monies received from the Sales Tax Break- Pitkin CounLy sales Lax. Seconded by Councilman Kuster. Roll call vole Councilmen Kuster down aye; Bergman aye; Clymer aye. Council questioner the Basalt Samitation dumping trash az our dump. Administrator Wurl 5o ~rash - Dump check our. County Resolution pertaining vo Highway 82 was read by Mayor Bernard. Councilman Kuszer moved vo adjourn at 6:00 P.M., seconded by Councilman Clymer. Ail in favor, meeting adjourned. ~-~orraine Graves, City C~erk