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HomeMy WebLinkAboutminutes.council.19700112 1001 Regular Meeting Aspen City CoUncil january 12, 1970 ~eeting was called to order by Mayor Robert Barnard at 3:35 p.m. with Councilmen Carl Berg- man, Werner Kuster, Clyde Clymer, City Attorney Albert Kern and City Administrator Leon Burl. Minutes Councilmen Clymer moved to approve the minutes of the regular meeting held on December 22, 1969 as prepared and mailed by the City Clerk, Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Kuster aye; Clymer aye. Councilman Kuster moved to approve the minutes of the adjourned meeting held on December 29t as prepared and mailed by the City Clerk. Seconded by Councilman Clymer. All in favor, motion carried. Councilman Bergman moved to ratify and approve the action and minutes of the RSA meeting held on December 30th as prepared and mailed by the Recording Secretary. Seconded by Council man Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye. Grant-Glory Mayor Barnard announced the City received word the $5300 grant for Glory Hole Park has been Hole Park approved. Councilman Kuster moved the City Council adjourn and sine and die. Seconded by Councilman Clymer. Ail in favor, meeting adjourned at 3:38 p.m. City Clerk Organizational Meeting Aspen City Council January 12~ 1970 Mayor Former Mayor Michael J. Garfish administered the oath of office for Mayor to Eve Homeyer. Oath of Office Eve Homeyer took the oath and was seated at Council table. Former Mayor Barnard presented to Mayor Homeyer and engraved gavel. ~ , . : Councilmen Former Mayor Michael J. Garfish administered the oath of office for Councilmen to : William ,~ Oath of Comcowich, Ross Griffin, Fitzhugh Scott, III, Edwin Vare, Jack Walls, and Francis Whitaker. . Office Above named persons took the :oath and weme.seated at Council '.table. iCity Clerk 'ormer Mayor Michael J. Garrish administered the oath of office for City Clerk to Lorraine ..... 'Oath of ~raves. Lorraine Graves took the oath and was seated at Council table. Office · · : ~ ' ' ~ ' : .... Treasurer 'ormer Mayor Michael J. Garfish administered the oath of office for Treasurer to Susan Wall usan Wall took the oath. [ayor Homeyer called the meeting to orde~ at- 4:00 p.m. with Councilmen Francis Whitaker, 'ack Walls, Fitzhugh Scott III, Ross Griffin, William Comcowich and Ned Vare. Resolution f/1 .ESOLUTION f~l, SERIES OF 1970as follows was read in full by the City Clerk: Dr. Barnard : .~' , · RESOLUTION Series of 1970 WHEREAS, Dr. Robert Barnard has for two years faithfully served the City of Aspen in the capacity of City Councilman and for the past four years faithfully served the City of Aspen as Mayor; and WHEREAS, the service of Dr. Robert Barnard has been unselfish and unstinting; and WHEREAS, such service has resf~lted in the orderly growth and continued prosperity of the City of~Aspen and.has naturally:'contributed-to the accomplishment of :the goals and programs of the City of Aspen; now THEREFORE, BE IT RESOLVED, that this resolution commending the service of~ Dr. ~Ro:bert Barnard to the City of Aspen be spread upon t.he Public Records of said City of Aspen and a copy be.: presented to Dr. Robert Bernard as e~idence of the appreciation of the City of Aspen for his service. Councilman Whitaker moved to adopt Resolution ~/1, Series of 1970 as read and a copy be pre- sented to Mayor Robert Barnard. Seconded by Councilman Comcowich. All in favor, motion carried. Mayor Homeyer presented a formal copy of the Resolution to Former Mayor Robert Barnard and plaque showing a-map of the City and outlines of the .parks acquired, str.eets improved and annexations during Dr. Robert Barnard's term of office. tESOLUTION ~/2, SERIES OF 1970 as follows was read in full by the City Clerk: 1002 Organization~lMe.eti~g Aspen City.Council Januaryl2~ 1970 RESOLUTION #2 Resolution #2 SERIES OF 1970 Werner Kuster WHEREAS~ Werner F. Kuster has for four years faithfully served the City of Aspen in the c~pacity of City Councilman and for the past two years faithfully served the City of Aspen as Mayor pro tem; and WHEREAS, the service of Werner F. Kuster has been unselfish and unstinting; and WHEREAS, such service has resulted in the orderly growth and continued prosperity of the City of Aspen and has naturally contribUted to,the accomPlishment of the goals and programs of the City of Aspen; now THEREFORE, BE IT RESOLVED, that his Resolution commending the service of Werner F. Kuster to the CitY of Aspen be spread upon the'Public Records of said City of Aspen and a cop~ be presented to Werner F. Kuster as evidenCe of the appreciation of the City of Aspen for his service.. Councilman Whitaker moved to adopt Resolution #2, Series of 1970 as read and a copy be presented'to Mayor pro tem Kuster. Seconded by Councilman Griffin. Ail in favor, motion carried. Mayor Homeyer presented a formal copy of the Resolution to Werner Kuster and plaqueiShow- ~ng Mr. Kuster's terms of office. RESOLUTION #3 Resolution #3 SERIES OF 1970 Clyde L. Clymer WHEREAS, Clyde L. Clymer, has for the past four years faithfully served the City of of Aspen in the capacity of Councilman; and WHEREAS, the service of Clyde L. Clymer has been unselfish and unstinting; and WHEREAS, such service has resulted in the orderly growth and continued prosperity of the City of Aspen and has naturally contributed to the accomplishment of the goals and programs of the City of Aspen, now THEREFORE, BE IT RESOLVED, that this Resolution commending the service of Clyde L. Clymer to the City of Aspen be spread upon the Public Records of said City of Aspen and a copy be presented to Clyde L. Clymer as evidence of the appreciation of the City of Aspen for his service. Councilman Walls moved to adopt Resolution #3, Series of 1970 as read and a copy be pre- sented to Councilman Clyde Clymer. Seconded by Councilman Vare. All in favor, motion carried. Mayor Homeyer presented a formal copy of the Resolution to Clyde Clymer and plaque showing Mr. Clymer's terms of office. RESOLUTION #4 Resolution SERIES OF 1970 Carl R. Be~gman WHEREAS, Carl R. Bergman, has for the past three and one-half years faithfully served the City of Aspen in the capacity of Councilman; and WHEREAS, the service off. Carl R. Bergman has been unselfish and unstinting; and WHEREAS, such service has resulted in the orderly growth and continued prosperity of the City of Aspen and has naturally contributed to the accomplishment of the goals and programs of the City of Aspen; now THEREFORE, BE IT RESOLVED~ that this Resolution commending the service of Carl R. Berg- man to the City of Aspen be spread upon the Public Records of said City of Aspen and a copy be presented to Carl R. Bergman as evidence of the appreciation of the City of Aspen for his service. Councilman Comcowich moved to adopt Resolution #4, Series of 1970 as read and a copy be presented to Councilman Carl R. Bergman. Seconded by Councilman Griffin. All in favor~ motion carried. Mayor Homeyer presented a fo~mal copy of the Resolution to Carl R. Bergman and plaque showing Mr, Berman's term of office. RESOLUTION #5, SERIES OF 1970, was read in full bY the City Clerk as follows: Resolution #5 3ohn G. RESOLUTION #5 Benninghoff SERIES OF 1970 WHEREAS, John G. Benninghoff has for the pas't two years faithfully served the City of Aspen in the capacity of Councilman; and WHEREAS, John G. Benninghoff has been unselfish and unstinting;aand WHEREAS, such service has resulted in the orderly growth and contined prosperitY of the City of Aspen and has naturaly contributed to the accomplishment of the goals and programs of the City of Aspen, now THEREFORE, BE IT RESOLVED, that this Resolution commending the service of John G. Benninghoff to the City of Aspen be spread upon the Public Records of said City of Aspen and a copy be presented to John G. Benninghoff as evidence of the appreciation of the Miry 1003 .......... qr~gani~at~ona! Me~ng AsPe~ City CQunc~il Januarv 12, 1970 Councilman Vare moved to adopt Resolution ~5, Series of t970 as read and a copy be pre- sented to Councilman John Benninghoff. Ail in favor, motion carried. John Benninghoff was not present. Mayor Pro Councilman Comcowich moved Councilman Fitzhugh Scott III fulfill the obligations of Mayor rem pro rem. Seconded by Councilman Whitaker. All in favor, motion carried. P. & Z Councilman Walls moved Councilman Francis Whitaker represent the City Council on the Plan- Appointment ning and Zoning Commission. Seconded by Councilman Vare. Ail in favor, motion Carried. ACVB Councilman Whitaker moved Councilman Ross Griffin represent the City Council on the Board Appointment of Direetors of the Aspen Chamber and Visitors Bureau. Seconded by Councilman Walls. Ail in favor, motion carried. Resource Conser Councilman Walls moved Councilman Ned Vare represent the City Council on the Resource vation Appt. Conservation and development Committee. Seconded by Councilman Whitaker. Ail in favor, moti~ carried. RSA Appoint- Councilman Scott nominated Councilman Jack Walls for the Regional Service Authority Board. ments Councilman Griffin nominated Councilman William Comcowich for the Regional Service Author- ity Board. Councilman Whitaker moved the nominations be closed. Seconded by Councilman Griffin. Ail in favor, motion carried. City Attorney Councilman Scott moved Albert Kern serve the City as the City Attorney. Seconded by Council, man Vare. Ail in favor, motion carried. Health Officer Councilman Comcowich moved Lamont Kinkade be appointed City Health Officer, seconded by Councilmmn Whitaker. Ail in favor, motion carried. The following appointments were approved by unanimous vote of the.City Council: City Administrator - Leon Wurl Water Superintendent - Elbert Tacker Electric Superintendent - Thomas Maddalone Court Clerk - Jeanne Ritter Police Magistrate - Leonard Oates ~Marks and Recreation Director - Ted Armstrong Chief of Police - Rlchard~.Ritehey Police Sargeant - Gregory Holmbeck Police Officers- Alvin Zimmer Gary Wall James Rozine Ronald Halbert Jerr'y Hayes William Retrum City Clerk Lorraine G~aves administered the oath of office .to,~-the following enforcement officers~: Richard Ri~chey, Grego=y Ho!~beck, Alvin Z~mmer, Gary Walls, James Rozine, ,Ronald Halbert, Jerry-Hayes, William Retrum. Councilman Scott moved Council ~efrain from making an appointment at this meeting to the Board of Zoning Adjustment and take this matter up at the next regular meeting. Seconded by Councilman Comcowich. Ail in favor, motion carried. P & Z Appoint- Councilman Wa, tis moved to. nominate Robin:Molny for. a ~6 year term on-the Planning and Zoning ment Commission. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councimlan Whitaker moved,to nominate William Tharp ,for~ a :4.year term on ,the Planning and Zoning Commission. Seconded by Councilman Comcowich. Ail in favor, motion carried. Councilman Scott moved to nominate Jim Breasted for a 2 year term on the Planning and Zoning Commission. Seconded by Councilman Griffin. Five aye; one abstention. Motion carried Fire Department Councilman Scott moved the nominations be closed for the Planning and Zoning vacancies at Appointments this time and City Administrator put this item on the next regular meeting agenda. Seconded by Councilman Walls... Ail in favor,-mot, ion ca~rried. Councilman Walls moved to ratify and approve the following appointments of the Fire Depart- ment: Chief - Willard Clapper; Assistant-Chief -.Stan Lauriski,-; President - Max Vaughn; Vice President - Don Willison; Secretary, Treasurer - Delbert Copley; Captains Walter Stroh and Elbert Tacker. Seconded by Councilman Scott. All in favor, motion carried. Appointments of the City Administrator were outlined by Administrator Wurl as follows: :1004 Organ±zaetona1 Neeting Aspen, Grey Council · San~ary t2~ ~970 Streee Super±ntendent - Harold Smith Departmene Director of Finance -~Bertha Looney Heads Ghief Bu±1ding ~nspectoz - Clayton Neyring Cheif Dispatcher Betty Bailer Sanitarian - Lamont Kinkade Custodian - Kenneth Maurin Councilman Griffin mo~ed to ratify the appointmentm Of the city Administrator. Seconded by Councilman Sc ott. All in favor, motion carried. Councilman COmcowich moved to designate the Bank of Aspen as the .depOsitory of City funds. Depository Seconded by Councilman Walls, Ail in faovr, motion carried. City Administrator Wurl outlined the following consultants of the C~ty: Conshltants Water Engineer - Dale Rea · Electric Engineer - Merrick and Company Legal ~dvisor - Water Attorney, Frank Delaney Legal Advisor -. Home Rule Charter, Charles Howe, Attorney Bond Attorney - William Lamm Councilman Scott moved to approve and ratify the ~esignations of the consultants as outlin'ed by City Administrator Leon Wurl. Seconded by Counhilman Gciffin.~All in favor, motion carried. Previous to Council meeting, Councilman Scott reviewed the accounts payable. Councilman Accounts Scott moved to approve the accounts payable as prepared by the Finance Departmen.t. Seconded Payable by Councilman Vare. All in favor, motion carried. ' .... ~ :ouncilman Whitaker moved review of the accounts payable be by alphabetical order of the :ouncil. Seconded by Councilman Walls. Ail in favor, motion~carried. ''' [ayor Homeyer announced the results of the Home Rule Election held on January 6th, 1970 as Home Rule follows: Election Results FOR AGAINST WardI 55 3 Ward II 57 3 Ward III 78 __6 TOTALS 190 12 Zxpenses for the election for Judges, Clrks and Polling Places were submitted to the Counci Election ~y the City Clerk in the total amount of $372.00. Councilman Scott moved the City Council Expenses ~pprove the election expenses as prepared by the City Clerk. Seconded by Councilman Whitak~z ~11 in favor, motion carried. ~ouncilman Scott moved the City Council meetings be held on the second and fourth Mondays COuncil ~f each month at the hour of 4:30 p.m., City Council Chambers, subject to change at will of Meetings the City Council. Seconded by Councilman Comcowich. All in favor, motion Carried~ Rt. Phillips resident of the Dorm was present to discuss with Council employee housing. Re- Employee ported the basis for the breakout of hepatitus is the way in which the employees live and. Housing the conditions that exist. Further stated the Dorm and IndependenceL°dging will not exist ~ext year for employee housing which will cause a problem to the town for service PeoPle. the two buildings house 150 to 200 people and feel the City should act now and the ideas of the people who live at the Dorm and Independence should be considered. Councilman Scott explained the City Council is aware a~d-conderned about thi§ prOblem and a committee should be formed to investigate this problem outside of regular council meetings. Councilman Whitaker suggest an investigation be made of a public housing authority of the city or the City and County. ' Councilman Walls reported all architects are involved in one way or another with employee housing and also commented in discussing, this with the State Planning Office it is doubtful there would be money available in the form of grants for such a project. Councilman Scott moved the Mayor appoint a committee chairman tO head a committee to invest- ~igate all forms of employee housing. Councilman Scott appointed Councilman Vare to work on this committee. ~lope - Mr. Riley, Mr. Berkeley and Attorney were present representing the Berkely-Aspen ]orporation in their problem of remodeling as relates to the liquor license. It was outlined :he previous Council was concerned about what has ~eveloped in the number of bars under one license and advertising each bar under different names. Administrator Wurl reported previou~ ~ouncil request the'City A'ttOrney,'City Administrator and liquor inspecto~ l~ok Into this" ~roblem and this was carried out by two inpestions to the premises and a meeting with the ~wners. State Liquor Inspector Philpott informed the applicant the restaurant named La ]hmminee would n~t be'allowed to open Until a State'Form 18E had been submitted and approve~ Berkeley-Aspen Attorney representing the Berkeley-Aspen Corporation stated the present owners acquired the Corp.-Liquor license in 1969. The State Form t8E at that time for the remodeling was submitted by the previous owner and Berkeley-Aspen Corporation relied upon the previous Form 18E to be in ~ order. In the basement of the building is the Slope which is a bar where~mo~ies and ~ele- vision is projected on a screen. Across the hall in the back quarter of the basement is a charcoal type restaurant and in the other back quarter of the basement is a pool table, ere Upstairs is live entertainment in the bar called Danny,'s and across the hall is a dining room and restaurant~ Total operationis under one roof and is self-contained. The rest- aurant on the top floor was shown on the original 18E as commercial space and is now a restaurant. To straighten ont the confusion on the trade name, will file a trade name and then name each room differently. Food is presently being carried from upstairs to the down= stairs bar due to the restaurant .downstairs not being as yet in operation. Presently have two management agreements, one upstairs and one downstairs. Councilman Griffin moved to approve the amended State Form 18E as submitted bM Berkeley= Aspen Corporation. Seconded by Councilman Scott. Ail in favor, motion carried. Rulison Rulison - Mr. Bruce Polich was present and request Council approve a prepared resolution calling for a six ~onths delay in the opening of the well of the Rulison Blast so that further studies can be made~ on safety measures and standards. Trial started on January 12th in Denver and feel it is important at this time citizens relate their feelings on the opening of the well to release the gas. Councilman Comcowich moved the Council delay any action on this resolution submitted until the City Council~hears testimony from both sides of the issue a~ the next meeting of the City Council. Seconded by Councilman Walls. Discussed the advisability of delaying,actionof the resolution. Question raised on the additional informmtion and facts being available by the next meeting over what was prev- iously publized prior to the blast. Roll call vote -,Councilmen Whiatker aye; Walls aye,; Scott nay; Griffin nay; Comcowich aye; Vare nay. Mayor Homeyer aye. Motion carried. Council request the City Administrator and Sanitarian notify the proper persons to appear before Council. 'Addressing Addressing Machine ~ Administrator Wurl reported a bid had been received by the City of Machine Lafayette in the amount of $499.00.~S~conded BY Co~uncilman vare. Roll call vote - Council- i men Vare aye; Comcowich aye; Griffin ay~-~-~ye ;-qFazl~. ~s,y~;~e'~ Whitaker ay,,e. The machine is no longer used by the City. Councilman Scott moved that the~accept the City of "~* Lafayette's bid for the addressing~machine in the amount of $499.00~ Bus Depot Bus Depot - Administrator Wurl reported the previous Council would, not approve the issuance of a building permit for the depot until satisfactory srrangements were made~ith~the sewer districts to dispose of the sewage. At the present time the bus depot sewage will be put into holding tanks, pumped daily until such time as they are hooked up to the Metro San- itation D~trict. The City will not allow the sewage to be haule~ to the dump. Administrato Wurl submitted an outline~ of. an agreement between~the haulder of the sewage and the san- itation distr_ct.i . . . . . ~ .. . Councilman Whltaker moved to authorize the-issuance of the building permit on the condition the certificate of occupancy be held up subject to the execution of the agreement with the Sanitation District and the Building Inspector is instructed to write this condition on the-building~permit. Seconded by Councilman Scott. Ail in favor, motion carried. City Clerk request permission to read ordinanees on. second reading~by title, only. Councilman~Whitaker~ moved that all ordinances by read by title only on second reading. Seconded by Councilman Scott. Ail in favor, motion carried. Ordinance #39 ORDINANCE ~39~, SERIES OF 1969, AN OR, DINANCE AMENDING ZONING DISTRICT.MAP OF THE CITY OF Zoning, Lot 22 ASPEN, COLORADO, DATED MARCH 6, 1967 ~0 PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO. BY ORDINANCE NO. 18, SERIES OF 1969 was read bM title only~ as agreed by Council, on second reading by ~he City Clerk. Councilman Whitaker moved that Ordinance ~3~, S.eries of~1969 he adopted on second reading and order the same pu~lishe~.. Seconded,by Councilman ScoBt. Roll call vote .- Councilmen Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Whitaker aye. ~' Ordinance ORDINANCE #40, SERIES OF 1969, AND ORDINANCE.AMENDING ZONING. DISTRICT MAP OF THE CITY OF #40 ASPEN, COLORADO, DATED MARCH 6, 1967 TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF Alpine Lodge ASPEN, COLORADO BY ORDINANCE NO. 24~ SERIES OF 1969 was read by title only, as agreed by Council, on second reading by the City Clerk. Councilman Whitaker moved Bo adopt Ordinance #40, Series of 1969 on second reading and order the same published. Seconded by Councilman SCott. Roll call vote - Councilmen Scott aye; Griffin aye; Comcowich aye; Vare aye; Whitaker aye; Walls aye. ORDINANCE #1, SERIES OF 1970, AN ORDINANCE PROVIDING FOR SPECIAL ELECTION OF CHARTER CON- VENTION FOR THE CITY OF ASPEN, COLORADO; FIXING THE TIME AND PLACE WHERE SUCH CONVENTION SHALL BE HELD; PROVIDING FOR THE COMPENSATION OF CHARTER CONVENTION MEMBERS; AND PROVIDING TIME FOR A SPECIAL ELECTION FOR THE ACCEPTANCE OK REJECTION OF THE PROPOSED CHARTER was . _ ___~ ........ ~anoary 1~_~ 1970 introduced by Councilman Scott and read in full by the City Clerk on first reading. Ordinance #1 Home Rule City Attorney Kern explained the essence of the ordinance and the qualifications for runni~ Election for the Charter Committee. Councilman Scott moved to adopt Ordinance #1. Series of 1970 on first reading as read in full and order the same published. Seconded by Councilman Walls, Roll call vote - Council- men Comcowich aye; Vare aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. RESOLUTION #6, SERIES OF 1970 as follows was read in full by the City Clerk. Resolution #6' Brownell Annex. RESMLUTION NO. 6 Garrish Park Series of 1970 WHEREAS, the City Council of the City of Aspen has accepted.a petition for annexation of that certain territory or real estate particularly described as follows: Beginning at corner 2 Molly Gibson MS #4281; thence S 34° 17' E. 38.20 ft.; thence S 45° 30' W. 17.12 ft.; then N. 45° 00' W. 111.00' thence S. 34° 35' W. 134.10; thence N. 25° 38' E, 155,00'; thence N. 25° 48' E~ 138.02'; thence N. 66° 37' W. 142.37'; thence N. 23° 15' E. 144.50'; thence S. 66° 09' E. 311.85'; thence S. 379 48' 15' W. 317.81' to place of beginning; which was filed with the City Clerk on December 22, 1969; and, WHEREAS, the City Council of the City of Ampen makes the following finRings of fact regarding said annexation: 1. There is at least one-sixth contiguity between the present City of Aspen and the area seeking annexation. 2. A community of interest exists between the territory to be annexed and the City, as evidenced by the following facts: (a) More than 50% of the adult residents of the area to be annexed use part or all of the recreational, civic social, religious, industrial om commercial facilities of the City of Aspen, and more than 25% 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 conditions as usch services are available to residents of the City of Aspen. WHEREAS, said petitioners are the owners of one hundred percent (100%) of the land proposed to be annexed; and, WHEREAS, no election .is required under said Rct; 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. Maps showing the annexation were submitted to the Council by Administratom Wurl. Mr. Wurl reported this annexation included Garfish Park and one other property owner by the name of Brownell. Councilman Walls moved to adopt Resolution #6, Series of 1970 as read in full. Seconded by Councilman Scott. CouncilmanWhitaker stated he was concerned with the number of piecemeal annexations. Feel prior to annexing, the area should be studied and a policy should be established on whethez or not the annexation would be in the best interest of the City. Roll call vote - Councilmen Whitaker aye; Vare aye; Walls aye; Comcowich aye; Scott aye; Griffin aye. ORDINANCE #2, SERIES OF 1'970, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF Ordinance ~2 ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICUARLY DESCRIBED IN THIS Brownell Annex. ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was introduced by Councilman Walls and read in full on first-reading by the City Clerk. Councilman Walls moved to adopt Ordinance #2, Series of 1970 on first reading and order the same published. Seconded by Councilman Scott. Roll call vote = Councilmen Scott aye: Griffin aye; Whit~ker aye; Walls aye; Vare aye; Comcowich aye. RESOLUTION #7, SERIES OF 1970 as follows was read in full by the City Clerk. RESOLUTION NO. 7 Series of 1970 WHEREAS, the City Council of the City of Aspen has accepted a petition for annexation of that certain territory or real estate particularly described as follows; Resolution #7 E~st. Meadow Annexation - Beginning at the Nort~ East Meadow West corner of Lot 1, East Meadow Subdivision, Annexation Pitkin County, Colorado; thence Si 8° 30" E. 232.38'; thence S. 5° 01' W. 1~5.97'; thence S. 78° 57' E. 37.50; thence S. 79° 41' W. 195.29'; thence N. 4° 54' W. 161.82' along the existing City limits to the point of beginning, which was filed With the City Clerk~on January 7, 1970; and, WHEREAS, the City Council of the City of Aspen makes the following findings of fact regarding said annexation: 1. There is at least one-sixth contiguity between the present City of Aspen and the area seeking annexation. 2. A community of interest exists between the territory to be annexed and the City, as evidenced by the following facts: (a) More than 50% of the adult residents of the area to be ~nexed use part or all of the recreational, civiC, social, religious, industrial or commercial~ facilities of the City of Aspen, and more than 25% of the adult residents ~'re e~loyed in the City of Aspen. (b) Less than one-half of the land to be annexed is agricultural. (c) tt is physically practical to extend normal urban services, to the area to be annexed, on the same terms and conditions as such services are available to ' residents of the City of Aspen~ WHEREAS, said petitioners are the owners of one hundred percent (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 propssed to be annexed. NOW, THEREFORE, BE IT'RESOLVED that the City Council of the City of Aspen hereby accepts the Petition for Annexation. Administrator Wurl reported the entire subdivision cannot be taken in at one~ time due to the lack of 1/6th contiguity to the City boundary lineS. Councilman Scott moved to adopt Resolution #7, Series of 1970 as read in full. Seconded by Councilman Griffin. Councilman Whitaker stated his concern of piecemeal annexations and also Stated his concern over the problems of~streets~and roads in the areas being annexed. Feel the Planning and Zoning Commission should review each annexation and mmke recommendations to Council. Administrator Wurl stated this would be fine if the recommendations could be forthcoming to Council immediately. By not annexing the areas do, snot eleviate the problems. Mr. Wurl request Council pass the ordinance on first reading and negoiate with the people involved on the road width prior to second reading of the ordinance. Roll call vote - Councilmen Griffin aye; Comcowich aye; Vare aye; Scott aye~ Walls aye; Whitaker aye. Ordinance #3 ORDINANCE #3. SERIES OF 1970, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF East Meadow ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was introduced by Councilman Scott and read in full on first reading hy the City Clerk. Councilman Scott moved to adopt Ordinance #3. Series of 1970 on first reading and order the same published. Seconded by Councilman Vare. Roll call vote - Councilmen Walls aye; Comcowich aye; Whitaker aye; Vare aye; Giffin aye; Scott aye. Ordinance #4 ORDINANCE #4, SERIES OF 1970, AN ORDINANCE AMENDING ORDINANCE NO. 37. SERIES OF 1969, AN Leases ORDINANCE APPROVING AND RATIFYING CERTAIN LONG TERM LEASES OF THE CITY OF ASPEN was intro- duced by Councilman Scott and read-in~ full on first reading by the City Clerk. Councilman Scott moved to adopt Ordinance ~4, Series of 1970 as read in full on first reading and order the same published. Seconded by Councilman Comcowich. Lease-Purchase Councilman Whitaker brought to Counczl s attention the additional amount that would have Contracts to be paid under a lease purchase contract as compared to paying outright. Would rather see the City on a pay as you go basis. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye. Finn Case People vs Finn Case - City Attorney Kern request authorization from Council to appeal this case to the District Court. County Court declared the resisting an officer ordinance as unconstitutional, based on the state law superceding the City ordinance. Councilman Comcowich moved to authorize the Czty Attorney to file the necessary documents to appeal the case. Seconded by Councilman Griffin.. Roll call vote - Councilmen Vare aye; Comcowich aye, Griffin aye; Scott aye; Walls aye; Whitaker aye. Councilman Whitaker moved to adjourn at 6:45 p.m., seconded by Councilman Griffin. Ail in favor, meeting adjourned. Lo-~raine Graves, ~ity Clerk