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HomeMy WebLinkAboutminutes.council.19700413R_gular Meeting Aspen City Council April 13~ 1970 Meetingwas called to order by Mayor Eve~,Homeyer at 4:04 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Fitzhugh Scott Itt, Francis Whitaker, City Attorney Albert Kern and City Administrator Leon Wurl. Councilman Whitaker moved to approve the minutes of March 23rd as prepared and mailed by Minutes the City Clerk. Seconded by Councilman Scott. Ail in favor, motion carried. RESOLUTION #13, SERIES OF 1970, was read in full by the City Clerk as follows: ~ .~ RESOLUTION.NO. 13 Series of 1970 WHERE~S, Robert Terrell has for the past 32 years faithfully served the Division of Game, Fish and Parks for the State of Colorado, and Resolution #13 WHEREAS, The service of Robert Terrell has been unselfish and unstinting and such service Robert Terrell has ma.teriatly contributed,to the accompllshme t of' the conservation goals an~programm~af the Upper Roaring~Fork Valley, and WHEREAS, it is the wish of the Mayor and City Council of the City of Aspen on ~this the retirement of Robert Terrell to recognize his manyyears of dedicated service to?our comm- unity, -.~ ~ ...... ~ ~ NOW THEREFORE BE ET RESOLVED that this resolution commending the service of Robert Terrell to the City of Aspen and the Upper Roaring Fork Valley be spread upon the records or-the said City and a copy presented to Robert ~erre!l aR evidence of t~e~app~eciati~n~of t~he - City of Aspen for his service. Councilman Whitaker moved to adopt Resolution ~1~, ~$eries o~~ 1970,-as ~ead i~n fui%~. Seconded by Councilman Comc'owich. All in favor, motion c~rri~ed. Mayor Homeyer presented Mr. Ter~e!l.with Resolution ~13,~Series of 1970. ~ ~ Robert Stevens presented to Mr~ Terrell a rod~ line and reel from Trout, ~nlimited. Mr. Charles Paterson presented Mr. ~Terrel!~w~th a~ formal cpmmendation resolution from the Aspen Chamber and Visitors Bureau. Jack Walls arrived. Accounts Payable Accounts Payable - Cauncilman S~ot~ reviewed ~he ~il!s~.~ ~ ~ .... '~_ Councilman WhiPake. r, questioned the bill for salt, and stated his disapproval of using salt on the streets. Administrator Wurl explained the salt is user only in those areas-where residents or shops will not be affected, highway corners and in front of buildings at 3:00 a,m~ to break up the ice~ Have not used salt since the-first of~ Februar~ ..... ~ ~ ~ Councilman Scott moved to approve the bills as submitted. Seconded by Walls. Roll call vot~ - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye. Mavor"s Deed Two Mayor's Deeds were submitted to Council as follows: Storrs M. BishopIII - Lots Q, R and I Block 69 S, Block 86 adn'Frank J. and Helen Kralich - Lots G, H and I, Block 69. Attorney Kern re- Block 86 ported the deeds have been checked by the City Engineer ~and City Attorney a~d ha~e been determined the City has,no prior claims. Councilman Whitaker moved to approve the Mayor's De~eds as submitted and authorize -th~ Mayor and City Clerk to execute the deeds. Seconded by Comcowich. Ail in favor, motion carried unanimously. Election Election Expense and Results - Councilman Comcowich moved to approve the election expenses Expense and as submitted by the City Clerk of judges and palling places. Seconded. by Councilman Wal~ts. REsults Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Councilman Comcowich moved to approve the certificate of determination of the elec~ion~ held on March 24th as submitted by the City Clerk. Seconded by Councilman Walls. All in ~ favor, motion carried unanimously. Hearing Council authorized the City Clerk to publish a notice of hearing on the zoning of the B=owr Brownell ~ll.Annexat~ion for May-.llth. Annexation R~quired state form was submitted on the remodeling of GarfunRel's. Sanitarian Kinkade re- Garfunkel's pgrted the plan complies, will be inspected when compteted~ Building Inspector ~eported the only permit required would be a plumbing permit. Councilman Vare moved to approve the remodeling of Garfunkel's a per the form submitted, Secnnded by Griffin. Ail in favor, motion carried. Parks and Recreation Plan Councilman Whitake~ suggested~the plan be up-dated'~reflect~mg recen~ actions. Administrator Wurl reported at the time Schlupp and Ferguson submitted, the plan, they recommended the plan be made more final. '~ ' ~ Councilman Vare submitted' a map showing on a larger scale whac is in the plan. Bta~ed he is presently working with the school planning committee as relates to green belt area in th~ area ~of the present golf course and out to ~the high school. It was pointed out Meadowood does have dedicated green area. Councilman Vare stated he had no idea of the cost of buying the green belt area as outline~ on his map. Further reported school could lease land from the City and this area could also include a mm~t~-purpose building. Councilman Vare also submitted a sketch of an 18 hole golf course on this land. Golf Course Administrator Wurl reported ~n negoiations on the golf course have been told the proposed -: lease in in the mail from the Denver real estate firm. Fu~t~repor:t~ed-c!aims i~.~our~,'. are confusing the control.of the land and at one time the City was told the land o.f the golf course would be held in trust for acquisition when and if the City decided chase this land. Councilman Scott ~qu. es~-~oned~$f the county zo~ing'~ould-~ be~"s~ ~ppiied: ~o: to retain this land as green area or golf course. - - ~ -: : Councilman Comcowich moved to authorize Administrator Wurl to set up a one hour meeting of the City Counc'~zl, ............ County-Comm~.s~oner ~,..C~u~ty ~%an~ing an~ Z~i~g'~nm~issi~-.~,n~ City Planning and Zoning commisgion,atuthe ~ear.Diest' possi~le-.~time'-to :d~i'sc~ss,jugt-green- area as stated above. Seconded by Councilman Walls. Roll call vote - Councilmen Griffin aye; Scott aye; Va-re aye;,W~ita.ker aye; Walls aye~COmcowich-aye~. ~,~:'~ Councilman Whitaker request authorization-~to =eview the cur. b'cut~ordi~ahce with'~Ci't~Ad~. Curb Cut Ord. ministrator and the City Engineer. Feel there may be a conflict with the zoning co~e as relates to parking,.r~irem~n'tS~,~: M~yor~sO au~ho~i~ed~Cou~cilma~ Whiga~e~.-.: : :: ~. - - Mayor Homeyer opened the public hearing on Highway 82 as relates to the master plan. Public Hearing ~ .... ::-.: ~: .... ~.~ Highway 82 Robin Molny, Chalrm~n of the Planning and Zoning Commission, was present and commented the City Council recently passed a res~lu'tfon as re-la~tto r~scinding':-pre~io~s Counc~l?s ..... stand on Highway 82. The position of the highway as indicated in the 1966 Master Plan should be amended to rescind t~e information'that is~in the Ma'ster:~Pl'an. Council di~. authorize funds necessary to contact planners to come up with proposals on .the highway problem. Have held off on the proposals as no monies were budgeted. Some question of where the money,would 'come Crom at:this time. Planning and Zoning recommends the Master Plan be amended to indicate the present'2 lane high~ay 82 location. Planning and Zoning will contined to study this problem. A resolution from the Planning and Zoning Commission will be submitted at the next Council meeting. Feel at this time we are dealing with Phase II whic~ is from the Castls Creek turn off and highway in the City, Did not feel it wam fair to continue with negoiations for a planner for this problem if the City:could not see any reasonable way to pay for the planner when retained. Also at this time m group :of pzi~ate, citizens have become~'in~o,lve~ .with th±s p~ob~e~n'~nd ~ there could be a duplication of work. ' Councilman Comcowich stated he was still not in favor of taking action at this time until specific proposals are made.~by ~experts.:: :' ~,'~'. .-: .: ...... : Citizens gourp has contacted Mr. McHarg, Planner, and have received pledges to pay the: cost, Mr. Molny left to obtain further documents~ Mayor Homeyer statdd the hearing would be held in suspension until the return of Robin Molny-. Moumtain Rescue Lease - Administrator Wurl read to Council an addendum to Lease dated Mountain Rescue September 20, 1965. Further informed Council the 1965 lease provides for a' 5 year optiont, Lease further, Mountain. Rescue'would,like to add~o the'~building to:p~ovid~shetter £or.a ~ wheel drive vehicle ..... ~ ' . : Councilman Griffin moved to.~extend the lease: for 5 years to the. Mountain Rescue gs per:the .t~ Addendum submitted and approve the addition to the building. S,econded ~by Councilman Scott, Ail in favor, motion carried unanimously. Dogs - Mr. Albright ,was present;and ':submitted ~o Council a proposal for a dog pound to be Dog Pound ' located at the Airport Business Center. Suggest making an agreement with the City and then if the County wishes to participate the City have an agreement with the County. W~uld have room at ~the begznnzng:for:25 dogs,,'.M~,~'~tb~igh~'.st~ted he agrees-to do:~the-", following: 1. Provide a modern facility. 2. Furnish and feed recommended foods. 3, Personnel available at the pound during working hours and after on ~ccasion.. 4. Would collect all fees. 5. Provide required insurance. 6. Keep separate records for the City and Cpunty. 7. City lease or contract the facility for 5 years. 8. Would requime ~ minimum per :day of' 1:0 .animals, at,a cost to-.the City of S3.~0 day per animal ...... : This could be negoiated. H~ve contacted Mr. Rice who is willing to give the required skots at the facility. Could be in operation within 30 or 45 days. t035 Regular Meeting Aspen City Council April 13, 1970 Dog Pound Councilman Griffin stated he had worked out a set of fees for a change in th~ ordinance and submitted same to the City Attorney. Mr. Albright stated he would operate a kennel along with the pound. Councilman Scott resolved to have Administrator Wurl and City Attorney Kern work out a preliminary proposed agreement with Mr. Albright and Pitkin County for a dog pound and re- lated fees. Seconded by Councilman Griffin. Roll call vote Councilmen Vare aye; Whitaker aye; Comcowich aye; Walls abstaln,~Scott aye; Griffin aye. Councilman Walls is working on the design of the building. Highway 82 Highway 82 - Mr.. Molny returned and read to Council excerpts from documents received from different planners, relative to Highway 82. Mr. Molny questioned if Council would be will- ing to discuss the highway with Mr. McHa~g if he is willing to work for the City at perhaps 1/2 or 1/3 the cost. Mayor Homeyer commented the City would be willing to listen, Mayor Homeyer closed the public hearing. No action taken by Council pending written documentation from Planning and Zoning. Water Lines City Administrator Wurl reported the Airport water line is 45% complete and the Oklahoma Flats water line is 20% complete. City Engineer City Administrator informed Council of the appointment of Charles Gilkey as City Engineer and Kenneth Pearson as Finance ~irector effective on the 18th of April Vagneur Land Vagneur Land - Administrator~Wurl read correspondence received from Sullivan Vagnuer in- forming the City the Sullivan Vagneur land had been taken off the market. Transfer of Transfer of Funds - Administrator Wurl reported to Council Resolutions #14 and #15 ~provide Funds for the total transfers from water, and electric to the general fund as budgeted. Resolutio~ are based en when the funds are available in the water and electric funds, the transfers will take plac~as 'the money becomes available. Resolutions #16 and #17 'provide for monthly transfers from the water and electric to the general fund for central administration operating costs. Resolutions #16 and #17 would be retroactive to t~e first of the year. Administrator Wurl gave a breakdown of the bank balances of all funds of the City. Further informed Council the City presently has approxima~tely $450,000 in Certificates of Deposit. ~' request Administrator submit to Council a breakdown of the Councilman Griffin Wurl Certificates of Depositis as to what is committed and what is not. Also breakdown of sales tax collections. Administrator Wurl reported budget wise sales tax collections are down this year over previous years.. At this time in pr~vious~ yea.rs collected 24% of the ,amount budgeted and thi year collected 17% of what has bean 'budgeted. Problem the City has is the amount collected to dates goes to the RSA-un~it the total amount committed has been collected. In future years, will have to have an agreement with the County so that a portion during the first few m~nths goes into operating funds for the City. Councilman Griffin and Vare left Council Chambers. ~ Resolution #14, Series of 1970 was read in full by the City'Clerk as follows: Series of 197.0 WHEREAS, the City Council of the City of Aspen, Colorado desires to pay certain amounts from the General Fund of the City of As~pen, C~lorado and..finds .that there is-,not.sufficient money in said General Funds to effect such payments; and WHEREAS, provision~was, madein the 197'0 Annual Budget to.t~ansfer from ,the Electric Fund to the General Fund the sum of $83,382.70, and ~'HEREAS, the City Council of the City of Aspen, Colorado finds that is in the best interests of~the,City~to:make s~ch payments and desires to transfer t'he sure-of $83,'382.70 from the Electric Operating Fund to the General Fund of the City, NOW, THEREFORE, BE IT RESOLVED~ 1. That the City Clerk and the City-Treasurer are hereby authorized and directed,to transfer the sum of $83,382.70 from the Electric Operating Fund to the General Fund. 2. A copy of this resolution shall~be delivered.~to the City Clerk and the City Treasurer as the authority to effect such transfer. 1'036 Reg~ Meeting_ Aspen City Council April 13, 1970 ~8~cilman Comcowich moved to adopt Resolution #14, Series of 1970. Seconded by Councilman Transferof~Funds Scott. Roll call vote - Councilmen Comcowich aye; Scott aye; Walls aye; Whitaker aye; Motion carried. Councilman Griffin and Vare retmmned. RESOLUTION #15, SERIES OF:'1970 as f011.ows was read in full by the City Clerk: RESOLUTION NO. 15 Series of 1970 RHEREAS~, the City~Councilof the City of Aspen, Colorado desires to pay certain amounts from the General Fund of ghe City of Aspen, Colorado and finds that there is not sufficient moeny im said"General Fund to,effect ~s~ch payments; and WHEREAS, provision was made in the 1970 Annugl Budget to transfer from the Wa~er Fund the sum of $17,000 and ~. WHEREAS, the City Council of the City of Aspen, Colorado finds that it is in the best interest of the City to make such payments and desires too transfer the sumof S17~000 from the Water Operating Fund to the General Fund of the City, NOW, THEREFORE~, BE IT RESOLVED, 1. That the City Clerk and The City Treasurer are hereby authorized and directed to transfer the sum of $17,000 from the Water Operating Fund to the General Fund. 2. A copy of this resolution shall be delivered to the City Clerk and the C~ty Treasurer as the authority to ef.fect such transfer .......... Co~ncilmmn ComcowiCh moved to adopt~Resoiution #15, Series of 1970. Seconded by Councilmmn Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye~ Griffin aye; Comcowich aye; Vare aye. ~ ~ ~ .~ RESOLUTION #16, SERIES OF 1970 was read in full by the City Clerk~as follows: RESOLUTION NO. 16 Seriesof '1970 WHEREAS, the City Council of the City of Aspen made provision in the 1970 Annual Budget for a Central Administration Fund in the amount of $249,398.75, and WHEREAS, the revenue for the Central Administration Fund was to he demived on, an equal basis from the General, Water and Electric Funds, and WHEREAS, the contribution of~ the Electric Fund requires a transfer from said Electric Fund to the Gneral Fund for the purpose of paying its.share of~the Central Administration Fund expenses, and WHEREAS, the City Council of the City of Aspen, Colorado finds that it is in the bes interest of the City to authorize such transfer to be mdae monthly, NOW, THEREFORE BE IT RESOLVED, 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer each month the sum of $6,927.74 from the Electric Fund to the General Fund's share of the Central Administration expenses. C tM 2. A copy of this Resolution shall be delivered to the City Clerk and the- i. Treasurer as the lauthority to effect such transfer. Councilman Walls moved to adopt Resolution #16, Series of 1970. Seconded by Councilman Whitaker. Roll call vote - Councilmen Scott aye; Griffin layej; Vare Aye; Whitaker a,ye; Walls aye; Comcowich aye. RESOLUTION #17. SERIES OF 1970 as follows ~as read in full'by the C~y Clerk: RESOLUTION NO. 17 Series of 1970 WHEREAS, the City Council of the City of Aspen made a provision in the 1970 Annual Budget for a Central Admzn~strat~on Fund in the amount of $249,398.75, and WHEREAS, the revenue for the Central Administration Fund was to be derived on an equal basis form the General, Water and Electric Funds, and WHEREAS, the contribution of the Water Fund requires a transfer from said Water Fund to the General Fund for the purpose of paying its share of the Central Administration Fund expenses, and R~gu!~r Meeting Aspen City Council April 13, 1970 Transfer of Fun¢ WHEREAS, the City Co6ncil Of the City of 'Aspen, 'Colorado finds that it is in the best interests of the City to authorize such transfer be nmde monthly,. NOW, THEREFORE BE IT RESOLVED, ~ ~ 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer each month the sum of $6,~27.74 from the Water Fund to the General Fund for payment of the Water Fund's share of the Central Administration expenses~. 2. A copy of this re-Solutionshall be=delivered~to the City Clerk and the City Treasurer as the authority, to effect such t'ransfer. Councilman Vare moved to adopt Resolution #17, Series of 1970. Seconded by Councilman Watl~ Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; £omcowich ayel Vare aye. PUC Rocky Notice of application before the PUC by Rocky Mountain. Natural Gas for the raising of ME~ Nat'l Gas rates was submitted to Council. Attorney Kern reported~he would review the application and make a report at the next Council meeting. Pitkin Iron Pitkin Iron Mine Suit-:Attorney Kern reported the motion to dismiss was'.granted by the Mine Suit Federal District Court which virtually throws the City and Mr. Ryan out of court. Mr. Ryan's attorne~ is reviewing the case for a possible appeal. Talked to Ralph Clark prior to the decision and Mr. Clark was going to appear on behalf of the City in the motion to dismiss. Also told ~r, Clark it would be wise for him to appear before the City Council on any further action. WoUld like authorization to set'up a meeting with Mr. Clark to discuss what further action the City could take. Have 30 days in which to appeal. · '. Sanitarian Council request the f~ilter plant operator and Sanitarian be also present at the meeting. Filter Plant Attorney Kern to schedule a meeting t'hrough the City Administrator, ~'-_ Operator Sanitarian Kinkade reported people from the,Federal gOvernment, state,and other agencies concerned With indutrial waste would be in town next month and perhaps the City could get some backing fmom these people. ~. Smith vs Smith vs City =Attorney Kern reported the plaintiff has had a disagreement with his City attorney and plaintiff's attorney has filed for a continuance to give his client time to i find anotherattorney. Ordinance #9 ORDINANCE #9, SERIES OF 1970, AN ORDINANCE AMENDING SECTIONS OF TITLE XI, THE ZONING CODE Density OF THE CITY OF ASPEN, COLORADO, RELATING TO DENSITY, FLOOR AREA RATION IN AR-i, C-l, and C-C ZONES Was read by title only, as agreed by Council, on second reading by the City Clerk. ~i· ~ , Councilman Whitaker moved tO adopt Ordinance #9, Series of 1970 and order the same pub- lished. Seconded by Councilman Vare. Roll call! vote - Councilmen whitaker aye-;. Walls, nay; Scott aye; Griffin aye; Comcowich nay; Vare aye. Motion carried. Ordinance #12 ORDINANCE #12, SERIES OF 1970, AN ORDINANCE REPEALING AND RE-ENACTING, AS AMENDED,i~CERTAIN Municipal Court SECTIONS OF CHAPTER 17, TITLE I OF THE OFFICIAL CODE OF THE CITY OF ASPEN, PERTAININ~ TO THE Mb~ICIPAL COURT AND MUNICIPAL JUDGE AND PROVIDING THAT THE MUNICIPAL COURT SMALL BE A COURT OF RECORD, AND HEREBY. DECLARING AN EMERGENCY TO~EXIST was read in,.futl By the City Clerk in first reading. . . : Councilman Griffin moved to adopt Ordinance #12, Series of:'1970 as:r~ad,.in futl.on first reading and order the same published. Seconded by Councilman Walls. Roll call vote - Counc men Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Stop Signs Administrator Wurl presented a request to change the stop:'signs~_at~7th:and Smuggler.-~Rec~ 7th & Smuggler ommend making Smuggler a thru street. Counc~lman Comcowich moved.that upon ~rec~ommend~tion of the City Administrator~ the Council authorize the chnaging of the signs at 7th and Smuggler to provide for thru traffic of Smuggler. Seconded by Councilman Scott. Roll call vote - Councilmen Whitaker nay; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye.~ . '~ ~ ~ Dead Fish Fish - Roaring Fork River - Sanitarian Kinkade was; present and reported on Thursday ~8 Roaring Fork dead fish were found by the~Slaught:erhouse:'Bridge~'Foum al~ternatlwes-to the-cause: River 1.)~ sewer plant; 2.) dumping by some fisherman who had caught more than his limit; 3.) ~'~ Somenone along the river dumping a full bottle of clorox in the river at one time, etc.; 4,) city strom sewers. ~ ~ ~ ." :~ :~ :~: :: ~ :~ It was reported the City has a program for small treatment pon~s and the only thing to cause this problem through the storm sewer would be tha salt used'on the'streets. Have'not used salt since the first of February. 1038 Regular Meeting Aspen~ City Council ~r~l Mr. Kinkade reported 2 fish ha~e been sent to Denver for autopsy. Will have a report in 2 months. Further reported County,'Commissioners .have'authorized ,river ~surveys to be a~comp .... lished this summer. _- - : . "'. c~' ~-- ~ ' ~ . · Teen Center - Councilman Walls reported the Teen Board had sent a list of things which Teen Center were promised by the Council to be done. Councilman Walls outlined the following items on the list: : ._~ ' ' : ..... 1. Finish hanging, ceiling in all ro,oms~ 2. Install compressor and carburetor in -the ~present foundation . 3. Finish sheet rock of the four walls in the fountain room 4. Sound proof the center from the rest of the~building 5. Install more electric outlets i~ the Center. Those are the most importanct. Councilman Walls stated he had told the Teen Board he would obtain a dollar count on ho~ much this would cost. · n 6. Insulating of ,the.sound so zt. does- ot go up and bother the theatre. 7. Firing out of kitchen walls and painting such. 8. Fix the bar as it is just about ready to fall apart. 9. Install handrail~ on both stairs. 10. Ins.ta~l:. hanging ceilings ~in: t~ :bac~,.rooms. ~ ,- .... Should also require an hour ceiling as per the requirements of the building code and also with lowered ceilings should have up and down sprinkler heads om the sprinkling ,system. · n Councilman Comcowich reported he felt the~ppozntme t of a~ adult board is the biggest problem. It was agreed by Council the Teen Center is a matter to come under the RSA and would be discussed at the next memting. Administrator Wurl request an executive session to discuss personnel. It was agreed to Executive meet on Thursday at 1:00 for tunch. Session Mayor Homeyer encouraged the acknowledgement of Earth Day~ Griffin moved to adjourn this meeting until Monday, April 20th-~t 4.00 p. ~ seconded,by Comcowich. Ail in favor, meeting adjourned at 6:55 p.m.