Loading...
HomeMy WebLinkAboutminutes.council.19720911Regu~lar Meeting Aspen City Council September 11, 1972 Meeting was called to order by Mayor Homeyer at 4:05 p.m. with Councilmen Scott Nystrom, Koss Griffin, Francis Whitaker, and City Attorney Albert Kern. councilman Whitaker moved to approve the minutes of the last ~egular meeting. Seconded by Councilman Griffin. All in favor, motion carried. Councilman William Comcowich arrived. Mrs. Barbara McLoughlin presented to Council a ~lan to divert traffic under Main Street from Garmisch McLoughlin Street to Aspen Street; continuation of Paepcke Park at ground level across Main Street; parking provided Plan under Paepcke Park for 400 cars which would also include phone booths, Chamber of Commerce office and lockers. Plan based on 60% occupancy at $1.50 per day, revenue per year $108,000. Parking reservations would be made at the same time as hotel reservations. Councilmen Jack Walls amd Ramona Markalunas arrived. .... Mrs. McLoughlin stated this plan would stop the cars before entering the downtown area, eliminate the pro- blem of school crossing and would extend the park across to the library. Plan has been sent by the Planner to the State for feasibility as to obtaining funds for the project. Council stated their concern of the location for parking being ~oo remote from the business core and the possibility of encouraging high density in this area. City Manager Leon Wurl arrived. Chart House Mayor Homeyer opened the public hearing. City Attorney Kern reported the file was in order. Mr. Ronald Liquor License Smith, President of the California operation was presen~ and stated they presently have nine restaurants in California; the other major stock holder for the Aspen Chart House is Alfred Bent; building and land will be leased to the California corporation. Mayor Homeyer closed the public hearing. Councilman Walls moved to approve the transfer of liquor license of the Chart House. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Galena St. Mayor Homeyer opened the public hearing. City Attorney Kern reported this file is inorder. Attorney David Restaurant Slem~ns and applicant Robert Freimuth, were present. Letter from the sellers was submitted and made a part Liquor License of the file stating all crediters would be paid at the closing of the sale. List of creditors was also submitted. Discussed with Council background of Mr. Freimuth as relates to his management of The Gallery and police incident reports. Mr. Freimuth s~ated when you deal with high volumes of people these problems exist even though you try hard to control same. Mr. Slemons stated the lease of the Galena St. Restaurant prohibits bands in the restaurant. Mayor Homeyer closed the public hearing. Councilman Griffin moved to approve the transfer of the liquor license of the Galena St. Restaurant. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whita~er aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Barnard Dr. Robert Harnard was present and read the following statemen~ of which he requested be made a part of the Waterline record: "Dear Madam Mayor and Council Members: Madam Mayor and the Council expressed a wish to consult both city and county P & Z Commissions in regard to extension of a waterline approximately two miles f~om the airport to a worker housing HUD project at Woody Creek. We had no objections to this course of action although in all fairness I must point out that ~3ais was done post facto since the Council had already voted to give the water line exte~sio~ t~tat£ve approval when Attorney Kern felt obliged to present his "memo" to Council pointing out the legal necessity of con- sulting both the P & Z Commissions. One can only wonder why a Kern memo was not forthcoming in the case of previous waterline extensions like the ones to Mountain Valley, the Airport, Red Mountain, etc. However, be that as it may both commissions had 60 days in which to consider the matter. The county P & Z apparently did not choose to concern itself in the matter as the commission did not consider it at any time. The city P & Z rendered an opinion which you have in your hands today. I understand that it was your inten- tion to attach some importance to the findings of the commission. Before you do, I urge you to consider the followin~ facts: (1) Mr. Robin Molny, currently chairman of the city P & Z, by his own admission has a sub- stantial financial interest in a real estate development compan~ called Section 36, Inc. that is attempting to subdivide approximately 600 acres of dry land on east Sopris Creek in Pitkin County. (2) Section 36, Inc. purchased this land from Charles Cole in 1971 and there is a deed of trust along with a note for $375,000.08 from Section 36, Inc. to Mr. Cole signed by Don Sabin as president of Section 36, Inc. on file at the Pitkin County courthouse. This note is dated October 15, 1971, and provides for 10 equal annual payments of $53, 390.00, the first such payment to be due on October 15, 1972. (3) Mr. Charles Cole is the principal plaintiff in a civil action filed against the Pitkin County Commissioners and The Woody Creek Development Co. in Colorado District Court. Mr. Cole is challenging the right of the commissioners to change the zQning on a 13 acre piece o~ land owned by The Woody Creek Dsvelopment Co. from AF-2 to AR-2 in order for The Woody Creek Development Co. to build 248 apartment units to be made available to qualified workers of Pitkin County at guaranteed reasonable rents. (4) Section 36, Inc. through its attorney, Charles Brandt, is attempting to get an exemption to the new subdivision law so it may sell lots smaller than 35 acres but yet not be considered a subdivision. (5) Section 36, Inc. is also trying to violate th~s same Colorado statute by offering to refund the buyer's purchase price if he, the buyer, is unable within two years to obtain adequ te water from a well which he. the buyer, must drill and pay for himself. The Colorado statute specifically states, and I quote, "The subdivider must provide adequate wa~er to the buyer of land to be subdivided and sold" (6) My people and I take the position that the language of the P & Z Commission's recommendation is patent balderdash. We feel that this recommendation should be discarded out of hand as being totally speciou We also take the position that Chairman Robin Molny is in a serious conflict of interest in this matter and Ks violating his position of public trust. The time has come for this Council to stop letting the tail wag the dog. The Council is perfectly capable of deciding on the merits of this proposed waterline extension. Very truly yours, /s/ Robert Barnard" D~. Barnard stated he had no intention to push the matter of the waterline at this time but felt this in- formation should be brought to Council's attention since the Planning and Zoning Commissions recommendation is on the agenda. Council questioned Mr. Molny if this information was correct and Mr. Molny reported yes. Councilman Comcowi¢ stated he felt the Chairman of the P & Z had a conflict which has never been divulged. Mr. Molny stated he did not see any connection between the two items. Planner Herb Bartel stated the County Commissioners this date denied the exemption requested by Section 36. Dr. Barnard stated he felt this information does have a bearing on the recommendation fro~ the Planning and Zoning Commission. On ~ Tuesday the P & Z met and made a motion to deny the Barnard waterline at which Charles Vidal was present. The next day Mr. Vidal appeared before the County Planning and Zoning Commissior . with a request to rezone 11 acres down at Woody Creek. After that meeting Mt.Vidal stated to Dr. Barnard tk it ' 'z if he were able ~o get his problem resolved in the waterline Mr. Vidal would like to discuss with him tap- ping on the line. Councilman Comcowich questioned why this particular waterline was referred to the P & Z in the first place. City Attorney Kern stated he had an interest in Section 36, Inc. He further stated Councilman Whitaker had ~ asked him if this waterline requesn should go to the P & Z and if following research of the State Statutes it is a requirement that the P & Z make a revmew. Councilman Comcowich stated he felt there was a conflict in that the Chairman of the Planning and Zoning Commission professes that the valley should be preserved, growth controlled etc. and then at the same time is subdividing in the unzoned part of the County and asking for an exemption from the County at the same time. Councilman Comcowich request to speak to three points: (1) whats going on in the City P & Z; (2) whether we should provide water for the valley and (3) conflicts. (1) Why do some items referred from Council to P & Z not get the attention as others. Direction of the Commission comes from the Chairman. The P & Z called a special study session' to discuss the building on Main Street now under construction, where was the P & Z when the theater went in and the parking became a problem. He feels the Commission is being selective. Recently the P & Z came up with a push item on density and square footage requirements. (2) Attorney Ken Balcomb when he appeared and discussed water with the P & Z he stated that control comes from water; water development is essential in order to keep it on the western slope. (3) He feels there is a conflict in this case. Chairman Molny is a staunch advocate of good development, now trying to subdivide without following the law. Councilman Whitaker stated he felt Councilaman was prejudiced in this case since he sometime ago stated he was in favor of the Bernard waterline. Councilman Comcowich stated the entire Council was in favor at election time of low cost housing. Mr. Bartel pointed out that just because the City does not put water down the valley does not mean devel- opment will not occur, four applications have been filed recently. In order for the City no have any con- trol, need some kind of written agreement with the County for review by the City since the County makes the land'se decisions. Two citizens stated their dissatisfaction with the way in which the Council discussion was going and re- quest Council save personal problems for either a study session or executive sessmon. Councilman Comcowich stated the question is: Was the recommendation from the Planning and Zoning Commission unprejudiced. Would entertain Robin Molny;s resignation, feels he has lost public trust. ~- Councilman Griffin moved to table a decision on the waterline. Seconded by Councilman Comcowich. Councilman Griffin moved to amend the motion that the waterline be discussed at the next regular meeting and invite the entire P & Z to be present. Seconded by CouncilmanComcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Main motion - Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye;.Griffin aye; Comcowich Main Motion aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Molny Conflict - Councilman Comcowich stated he felt this should be discussed. Robin Molny request an executive session with Council on Wednesday at 6:00 p.m. Councilman Whitaker moved that the request for an encroachment be denied. Seconded b~ Councilman Griffin. Kapelli City Engineer Gilkey recommended the fence stay where it ms and the pool be moved back 1' from the fence. Roll call vote-Councilmen Griffin aye; Markalunas nay; Comcowich nay; Walls nay; Nystrom nay; Whitaker aye; Mayor Homeyer nay. Motion not carried. Councilman Comcowich moved that an agreement be formalized with Mr. Kapelli along the specific lines that the City Engineer recommended. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Representatives were present and stated they. would like to use the Teen Center location for a coffee house Minnonite Would provide arts, drama etc. for entertainment or just a place to meet people. Mayor Homeyer stated the Volunteer City has other needs which should be considered prior to making any further committme~ts. Service Unit Mr. John Reed spoke to Council on four points: (1) price of gas; (2) the energy crunch; (3) activities of Rocky Mt. the gas company over the last year and (4) future projections. Natural Gas He further stated the 15th of September, Rocky Mt. Natural Gas will be asking for a 3% rate increase from ~ ~ PUC. Public hearings will be held, of which the City will be notified. During his presentation, Mr. Reed pointed out the normal growth of the~weRt~rn slope has been from 7% to 8% and the Aspen area is much higher than that. The cost of keeping up; with the growth and competition at th~ ~_~ well head causing the price to go up are two reasons for the request for rate increase. The price will continue to go up and he feels within 5 to 7 years the customers gas bill will double. Councilman Markalunas questioned the problem with pressure in this area. Mr. Reed pointed out this is caus- ed by their inability to anticipate the growth and where it will occur. Mr. Reed stated he would submit a breakdown of costs and reasons for the increase reques~ to Council at some later date. Initiative Miss Kathy Dutcher was present to represent the Petitions Committee. City Clerk submitted to Council the Referendum required certificate on the Petition. Petition meets all requirements and does contain sufficient signatures Miss Dutcher stated to Council that if the 1% sales tax'does not pass they want ~to be assured that a mall will be budgeted for and constructed. Layou~ of the proposed mall was shown ~o Council. City Attorney Kern reported the wording prior to the initiative ordinance refers to a mall, the ordinance itself refers only to the closing of s~ree~s. Initiative ordinances cannot include capital expenditures. Mayor Homeyer pointed out the City expects by the 1st of October to have a plan which will be publicized and if the additional 1% sales tax passes, transportation will be the first priority for those funds. Council pointed out there are three legs to the transportation plan - malls, traffic circulation and parking. Council feels each depends on the other. City Attorney Kern informed Council there ls insufficient time to call for the election to ge~ it on the November ballot. By the Charter, Council must give 60 days notice. Also a special election cannot be held within 60 days prior to a primary or 60 days following the general election. Attorney Joe Edwards was present representing the Petition's Committee and stated the petition was filed on September 1st and never intended to require Council to hold a special election. He felt it could be put on the November ballot. Everyone in ~own has been asking fo~ malls for years and people do not want to wait any longer. This question can be separate from the 1% sales tax. Councilman Whitaker moved to table this ordinance till the next regular meeting. Seconded by Councilman Comcowich. All in favor, motion carried. Councilman-Griffin moved to schedule the public hearing on the proposed budge~ and capital improvements program for October 16th at 5:00 p.m., seconded by Councilman Comcowich. All in favor, motion carried. Award of Bond Mr. Diones of Kirchner Moore and Company was present and stated seven bids had been received. Submitted Bid compilation of the bids. RESOLUTION #17 Councilman Whitaker moved to read Resolution 917, Series of 1972. Seconded by Councilman Walls. All in favor, motion carried. Resolution 917, Series of 1972 was read in full by the City Clerk as follows: RESOLUTION #17, SERIES OF 1972 WHEREAS, Boettcher and Company, Denver, Colorado has submitted a bid of par and accrued interest, plus a total cash premium.for said issue of Snone for $1,180,000 of General Obligation Water Extension and Improve- ment Bonds, Series of 1972, of the City of Aspen, Pitkin County, Colorado, bearing interest at a net eff~ interest rate of 5.296% per centum per annum and a net interest cost of $807~943.75; AND WHEREAS, it appears that said bid is the highest and best bid received for said bonds and should there- fore be accepted; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That said City of Aspen, Pitkin County, Colorado, General Obligation Water Extension and Improvement Bonds, Series 1972, dated September 1, 1972, in the principal amount of $1,180,000, bearing interest at the specific rates set. forth in said bid, a copy of which ~s hereto attached as Exhibit "A", and upon the terms and conditions Set forth in the Notice of Sale of said Bonds, are hereby awarded to Boettcher and Company, Denver, Colo. and shall be delivered upon receipt of the agreed purchase price therefor, being the amount of par and accrued interest to date of de- livery, plus a total cash premium for said issue of Snothing. Councilman Walls moved to adopt Resolution ~17, Series of 1972. Seconded by Councilman Comcowich. Roll call vote~- Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Ho~eyer aye. Motion carried. ORDINANCE $17, Councilman Comcowich moved to read on first reading Ordinance #17, Series of 1972, seconded by Councilman SERIES OF 1972 Nystrom. All in favor, motion carried. ORDINANCE $17, SERIES OF 1972 AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF ASPEN~ COLORADO, OF ITS NEGOTIABLE COUPON BONDS IN THE PRINCIPAL AMOUNT OF $1,180,000, TO BE DESIGNATED "GENERAL OBLIGATI(/q WATER EXTENSION AND IMPROVEMENT BONDS, SERIES OF 1972," FOR THE PURPOSE OF EXTENDING AND IMPROVING THE MUNICIPAL WATER UTILITY SYSTEM OF SAID CITYi PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX AND APPLICATION OF WATER UTILITY REVENUES TO PAY SAID BONDS AND INTEREST THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS RELATING TO THE SAID INDEBTEDNESS AND PROVIDING THE EFFECTIVE DATE HEREOF. was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~17, Series of 1972 on first reading. Seconded byCouncilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Final Payment Councilman Griffin moved to authorize the final payment on the swimming pool. Seconded by Councilman Swimming Pool Nystrom. Roll call vote - Councilmen Nystrom aye; Comcowich aye;Griffin aye; Markalunas aye; Wallsaye; Whitaker aye; Mayor Homeyer aye. Motion carried. ~T~nnis Courts School is willing to construct the tennis courts at this time, City participation $4200.00. Councilman Comcowich moved to authorize the City to participate in 1/2 of the costs of the tennis courts at the Middle School in the amount of $4200.00, providing that we get a guarantee from the school district that we can utilize that area for tennis courts for at least 5 years. Seconded by Councilman' Markatunas. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker Mayor Homeyer aye. Motion carried. C-2 Zone Councilman Griffin moved to table the public hearing on open space in the C-2 mone to September 25th at 5:00 p.m., seconded by Councilman Walls. All in favor~ motion carried. Councilman Walls stated he had a conflict of interest and woul~ not be attending the Council meeting in Pabst's Basalt to discuss Mr. Pabst's offer. Walls and Sterling have been working on this land for Mr. Pabst for Property the last three years, Councilman Walls notified the Mayor of the conflict a week ago. Councilma~ Griffin moved to adjourn the meeting to Wednesday at 4:30 p.m., seconded by Councilman Markalunas. All in favor, motion carried. Meeting ended at 4:30 p.m. Lorraine Graves, City Clerk Adjourned Meeting Aspen City Council September 12, 1972 Meeting was called to order by Mayor Eve Homeyer at 5~.00 p.m. with Councilmen Ross Griffin, Ramona Markaluna Jack Walls, Francis Whitaker, and City Attorney Albert Kern. Councilman Griffin moved to go into executive session to discuss the railroad property. Seconded by Council- man Markalunas. All in favor, motion carried. Councilman William Comcowich arrived. Councilman Whitaker moved to reconvene into adjourned session. Seconded by Councilman Markalu~as. All in favor, motion carried. Planning and Zoning Commission members present. Mr. Truman, his architect and other representatives were present to discuss with the Council and Planning and Zoning Commission , the Citys interest in the railroad property and what the new owners had in mind for the railroad property. Mr. Truman stated he was asked to meet with the two bodies present to go over the facts. The owners are aware that the City wants to use part of this ground for parking and transportation. The owners are willing to cooperate; they feel the owners and the Citys interests are similar. Extensions of Galena Street, Spring Street and Mill Street seem to be practical requests. A plan to-work with the planning staff to establish what ground the City wants and negotiate as to how the City can obtain the ground. Intended uses for the gr'ound are: condominiums, retail commercial mainly to serve this area, office complex etc. The main concern now is to establish what ground the City wants and they are willing to hold the ground for a reasonable time. They are interested in working with the local firm of Walls and Sterling which was discussed during executive session and it was felt by the City Council there would be no conflict. Mr. Walls would not be concerned with the ground that the City desires to negotiate on. Councilman Walls stated he would not be discussing the project with Council in any wa~ unless asked to do so. Mr. Truman stated this would be a 4 to 5 year project if the owners do it themselves. They intend, uo sell off perhaps 4 acres to those type businesses who wish to own their own'land, controls would be put on the sale i.e. architecture etc. Robin Molny of the P & Z stated l~3D should be considered even though it is not available for this zone ar this time. Mr. Truman stated they would like to develop the area as a total entity, they feel what they are planning · s consistent with what the City desires . Apartment type housing was discussed. Mr. Truman stated they would be looking into this and would give the City results of their findings. Councilman Scott Nystrom arrived. Mr. Truman stated he could see no problem in creating pedestrian accesses. Suggestions were made of uses to consider such as theatre, civil center. Robin Molny stated ~o Council that he felt the meeting should be public, accusations were made in public and he feels they should be rebuted in a public meeting. City Attorney Kern stated he also desired the meeting to remain public and wished to read a statement. Councilman Comcowich stated he had no objection, but it was upon reques~ of Mr. Molny that an executive session was called. Councilman Comcowich moved to forego the executive session at this time and. stay ~n adjourned session. Seconded by Councilman Whitaker. All in favor, motion carried. City Attorney Kern read the following statement: "TO: THE MAYOR AND MEMBERS OF THE CITY COUNCIL, ASPEN, COLORADO AS a result of what took place at the City Council Meeting on ~onday, September 11, 1972, and the apparent condonation of Councilman Comcowich's actions, I feel compelled to objec~ in the most vehement way I know. The petty personal vindictiveness of Dr. Barnard is well recognized as are his attempts to employ any means to achieve his personal ends. However, when these means are not o~ly sanctioned by Councilman Comcowieh but, in fact, are magnified and utilized by him in the manner employed at the last Council Meeting, it then becomes a question of integrity. It became rather apparent to me %hat the charade and obvious collusion between Councilman Comcowich and Dr. Barnard was an attempt to obscure the fundamental question before the Council. What was supposed to be before the Council was the recommendatzon of the Planning and Zoning Commission pertaining to Dr. Bernard's request for a proposed extension of the City water transmission main to his property in Woody Creek. Instead Dr. Bernard and Councilman Comcowich chose to obscure the real issue with their McCarthy-like tactics, by referring to a corporation in which Robin Molny and I are two of the ten stockholders. This corporation owns land approximately 25 miles from Aspen and, as provided in the recently adopted Sub- division Laws of the County of Pitkin, applied for a partial exemption. It is the intent of the corporation to divide the land into single family homesites of between 12 and 20 acres each, and to provide water through the drilling of ground wells. The application for exemption was ultimately denied by the County Planning & Zoning Commission of which Dr. Barnard is~a member on a vote of 3 to 2. At the time the corpor- ation purchased this acreage from Charles Cole, it, in the normal course of the purchase, entered into a Promissory Note for the balance of the purchase price. This Promissory Note was secured by a Deed of Trust (mortage). This is the accepted procedure where the entire purchase price is not pa£d at one time. Mr. Cole has no interest in or control of the actions of Section 36, Inc. There is no corollary between this transaction and Mr. Cole's action against the County of Pitkin and the Woody Creek Development Company, which was begun months before the sale to the corporation. There is no possible competition between 12-20 acre homesites, 25 miles down the valley and the high density development at Woody Creek. There is clearly no relationship between the denial of this application and the m~tter before Council. In fact, it is so obviously unrelated that this attempted smoke screen by Dr. Barnard and Councilman Comcowich would be humorous but for the fact that the inuendos and accusations made by these men may be given some credence by those people who do not know them. It disappoints me that the bad faith tactics employedhere were not stopped by the Council and the Mayor at the first opportune time. My disappointment goes beyond even that because it is the people of Aspen that are the ultimate losers. Personally I cannot condone Councilman Comcowich's abuse of his office in his attempts to castigate, in this way, by unfounded, unfactual inuendos and accusations. But, more than that~ is the apparent condon- ation of these acts by the Mayor and the rest of the Council. The absurd statements made by Dr. Barnard and parroted by Councilman Comcowich were of such a nature, and so patently designed to mislead, that I feel it was incumbent upon the Mayor and the Council to immediately express their disdain. The personal attack on Robin Mol~y, Chairman of the City Planning .& Zoning Commission and the accusations of conflicts of interest only demonstrate what lengths these people will go to to obscure th~ real issues before the Council. Although I have not always agreed with Robin Molny's positions, I know him to be de- dicated to his office- that of sincerely serving the interests of the community, without compensation. To allow an unconscionable charade as perpetrated by Dr. Barnard and Councilman Comcowich to reach the result of Comcowich demanding the resignation of Mr. Molny, in itself creates a challenge to every citizen, especially the Council. In light of all this I have become suspect of Councilman Comcowich's own motives particularly when consider- ing Councilman Comco~ich's relationship, past and presint, with Dr. Bernard. When charges of conflict of interest are so flagrantly unfounded, I believe that the Council should well look to the accusor. Further, I feel that since this matter has been brought up at a public meeting, my personal objections should be availableto the people of this commnnity. /s/ Albert Kern, City Attorney" Copies were submitted to Council. Robin Molny, Chairman of the Planning and Zoning Commission made the following statement: "Councilman William Comcowich Box V Aspen, Colorado Dear Bill: In your vilification of me at the City Council last Monday, you painted me with broad and comprehensive strokes, condemning me for "selling land without water, increasing density in Pitkin County by virtue of my attempting to sell that land; of not doing my job on the Planning Commission, and of failing ~D disclose the fact that the man from whom I p'~rchased the land in question, was suing Dr. Barnard et~ al. on the racetrack H.U.D. project." You took the position that my failure to disclose was a clear cut case of conflict of interest and request- ed me to resign from the Planning and Zoning Commission. You also offered to make the motion that I do so. I submit that your proposition, that somehow, some way, Charles W. Cole, Jr. has interconnected me with his lawsuit against Dr. Barnard by virtue of his having sold land to me and by virtue of my having a $5,300.00 note payment due to him in October is a flimsily constructed effort on your part to do what you said you wanted to do at an earlier Council meeting; namely, to get me personally. ~ I further shbmit that based on the following, it is you who has erred, not me: Mr. George Fickes, County Assessor for Routt County, Colorado, transmitted the following information to me today by telephone: "That 213 acres, parts of Section 21 ~ 16, Township 5 Nort~, Range 84 west is owned by Messrs. Joel Hort- meister, Werner Kuster, Doctor Robert Bernard and Dr. William Comcowich." 1. Because of your close association with Dr. Barnard, from many years of work with him in his medical Building; ~ 2. Because you appear to be, or to have been, a part~er with Dr. Barnard in land holdings; 3. Because you have been the leading proponent of the Barnard Waterline Extension; 4. Because you stated to the Council that you had no conflict of interest in this matter; 5. Because you moved in Council to "approve this project in concept", etc,. etc.; It is therefore my conclusion that,~using your own standards, criteria, morals, judgement, ethics, that it not my resignation which should be sought, but YOURS for failure of disclosure of your close relationship with Doctor Barnard and for having a ?substantial personal interest other than the public common interest", as set forth in Section 4.7 of the Aspen City Charter. Sincerely, Robin Molny /s/ Septembe~ 13, 1972" Copies were submitted to Council. Councilman Griffin stated only one member was picked out of the P & Z although the recommendation from the P & Z was unanimously passed. He feels Councilman Comcowich has a personal vendetta with the City Attorney an Chairman of the P & Z. This was used to divert Council's attention from the issue that was at hand at the time. Statement from Councilman Whitaker was read as follows: "Mayor Eve Homeyer, Aspen, Golorado Dear Madam Mayor, I wish to express my grave concern for the way in which the council meetings are conducted. As presiding officer, you are responsible for meetings being conducted in an orderly and businesslike manner. You allowed the meeting on Monday to degenerate into a personal attack by one councilman on the Planning and Zoning Commission, its Chairman, and the City Attorney, with a final request hy one councilman only for Mr. Molny's resignation from the Planning and Zoning Commission. I believe it is your duty to prevent abusive language, profanity and personal attacks by any council member or any member of the public. Later in the evening, the same councilman, with no interference by you, cross examined in a very personal way, a member of the audience. At no time was a motion made which would a] iow discussion of the subject on the agenda, nor did the council ever read or discuss the resolution by the Planning and Zoning Commission, which was the result of a great deal of thought and study. As a result of this conduct the council was unable to complete the agenda, postponing a very important public hearing, taking no action on two ordinances, and passing up until next time other items. I think that the conduct of Momd~y's meeting is a reflection on all members of the council, particularly on you as Mayor and presiding officer. I strongly urge you never to permit again such conduct at a meeting, and that you immed- iately rule any person out of order who attempts to conduct himself mn such a manner. We have too many important things to do to waste our time in such a degrading manner. I again urge you and counil members to refrain from such conduct and to stick to the matters before us in an orderly and dignified manner, Respectfully yours, Francis Whitaker /s/" Statement from Councilman Markalunas was read as follows: "TO: THE MAYOR AND ALL COUNCILMEN RE: Monday, September 11, Meeting. One had the feeling of suspension in an unreal world. Or, this isn't happening. Not with all these people I have known so well and so long. They couldn't, would'nt, intentionally do this to one another! But it did and it has happened. I am sorry that I was so astonished with the unfolding events that I did nothing to stop them. I should have. We have too many important things to accomplish, some well along the way to accomplishment through tedious day-to-day effort. Attempted character assassination in any form must not be allowed. The mssues before us mRst be decided on facts, not innuendo and suspicion. L~t us begin. Yours very truly, Ramona /s/" Councilman Comcowich stated that he has never, publicly or privately stated ttm t he was out to get anybody. On at least 3 or 4 ocsasions he has been accused of being a member of Barnard's project. He's not in any- way connected with this pro3ect. He's a partner in land at Steamboat Springs, and not too long ago, saved the City Attorney's skin when a private meeting was bald to oust the City Attorney at which Councilman Whitaker was present. Councilman Comcowich stated that he does not like personal attacks and nothing said on Monday was meant to be a personal attack. This problem would not have existed if Fir. Molny and Mr. Kern had divulged their conflicts. He feels there was no attack made and feels Mr. Molny is mn conflict and that Mr. Molny's credibility has been destroyed and will ask for his resignation again. City Attorney Kern stated that when you attack someones integrity as an attorney or as an individual he feels that is a personal attack. The review of the waterline was brought to Council's attention because one of the duties of the City Attorney zs to inform the City and make sure they are aware cf any entanglements or potential lawsuits. Mr. Charles Cole was present and stated he had never discussed in writting or verbally with Robin Molny either the law suit agaznst the Woody Creek Project or extention of the waterline. He finds it distasteful that Councilman Comcowich has conjured up the idea that he has influenced Robin who is one of the 10 stockholders ~n a corporation which has bought land from Mr. Cdle. Councilman Comcowich stated ~he question is: was the note held up on Section 36 pending deliberations on the waterline. He feels that is the conflict. When you are a developer and serving on the P & Z this should be disclosed when discussing subdivisions. He th~s this is the last of a lot of reasons where it is felt the leadership has gone on the Planning & Zoning Commission. Mr. Don Sabin spoke on behalf of Section 36, Inc. and stated he signed the note and Mr. Molny has no financia2 interest. Councilman Griffin moved to adjourn. Seconded by Councilman Whitaker. Councilman Comcowich stated he agreed to the meeting remain~ing open only on the condition that council would adjourn to executive session following. Councilman Comcowich moved to amend the motion to adjourn to executive session then into adjourned session, and then adjourn the meeting to Friday at 5:00 p.m. Seconded by Councilman Markalunas. Roll call vote- Councilmen Nystrom aye; Comcowich aye; Griffin hay; Markalunas aye; Walls aye;Whitaker nay; Mayor Homeyer~ aye. Motion carried. Question was asked Councilman Comcowichabout his ownership of land in the Brush Creek area. Councilman Comcowich stated that under a previous administration, a water contract was approved to serve this area. Council went into executive session. Councilman Griffin moved to go into adjourned session. Seconded by Councilman Whitaker. All in favor, mot- ion carried. Councilman Comcowich moved that the City Council ask for the immediate resignation of the Chairman of the'! Planning and Zoning Commission,~Robin Molny, and he be relieved of his functions as Chafrm~n of the Planning and Zoning Commission. Seconded by Councilman Walls. Roll call vote- Councilmen Nystrom aye; Comcowich aye; Griffin nay; Markalunas nay; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Councilman Comcowich~moved to adjourn the meeting to Friday at 5:00 p.m. Seconded by Councilman Walls, all in favor, motion carried. Meeting adjourned at 8:05 p.m% ~orraine Grave~, ~ity Clerk Adjourned Meeting Aspen City Council September 15, 1972 Meeting was reconvened by Mayor Eve Homeyer at 5:00 p.m. with Councilmen Ross Griffin, Ramona Markalunas, Jack Walls and City Manager Leon Wurl. Voc. Mr. Feidler representative of the school program for vocational education was present and outlined to Education Council he hoped the City could find positions for four students, some students already employed in con- struction jobs. Council indicated they desired to wait until all replys have been received from department heads as to any positions that might be available. Councilman William Comcowich arrived. Pay Scale Proposed pay schedule and classification was submitted. Manager Wurl reported the proposed schedule includes five new classifications, first ranger number was eliminated. Classifications have been included to cover present staff and future catagories. Councilman Comcowlch moved to instruct the City Attorney to draw up the appropriate ordinance to implement the pay schedule and classification changes. Seconded by Councilman Walls. All in favor, motion carried. Budgets BUDGETS-Proposed budgets were submitted. City Clerk - Council request the figures for election expense reflect three elections, Councilman Comcowich moved to give tenative approval of the City Clerk's budget as amended. Seconded by Councilman WallS. All in favor, motion carried. Central Services - City Manager Wurl informed Council this budget includes all postage, copying expense, telephone expense for entire City Hall, further it establishes and provides the funds for a records manage- ment program. Assistant City Clerk and Receptionist under this budget. Councilmah Markalunas moved to give tena~ive approval to the Central Services. budget. Seconded by Council-. man Walls. All in favor, motion carried. City Council - City Manager Wurl reported from past discussions of Council have added $10,000 %under the commmnity improvements section for the Chamber of Commerce and taken off the donation to the teen center. Councilman Griffin questioned if Council had approved funds for Ballet West, City Clerk to check past minutes. Council request this budget be tabled at t~is time.. City Manager - Councilman Griffin moved to give tenative approval of this budget. Seconded by Councilman Markalunas. All in favor, motion carried. Communications - Manager Wurl stated this budget includes an additional dispatcher and a records clerk. Also eliminate $4200, account $912 from this budget. Councilman Comcowich moved to give tenative approval of this budget subject to any major changes following review of the joint study made of the police department and sheriff~'s department. Seconded by Councilman Walls. All in favor, motion carried. Animal Warden - City Manager Wurl request the amount of $2302 be subtracted from this budget. Councilman Walls moved to give tenative approval of this budget subject to the County amending their dog fees. Seconded by Councilman Griffin. All in favor, motion carried. Police - Manager Wurl reported this budget includes four proposed additional employees. Budget does n~ include recommendations< of the police study~, feel this should not be ~11 done within one budget year. Red~ce this budget by $13,500 under capital outlay for building improvements. Council stated their concern that this department have enough budgeted funds in order to get .some results. Councilman Balls moved to give tenative approval of the Police Department budget. Seconded by Councilman Griffin~ All in favor, motion carried. Engineering - Budget includes em additional employee plus a secretaty. Councilman Walls moved to give tena- tire approval of this budget. Seconded by councilman Griffin. All in favor, motion carried. Building Department - Manager Wurl request the amount budgeted under account ~662 be taken out. Councilman Ross Griffin left Council ehambers. Councilman Markalunas moved to give tenative approval of this budget subject to the City Manager reviewing with the Sanitatian and Building Inspector if additional hei~p is required to enforce the building code. Seconded by Councilman Walls, All in favor, motion carried. Data Processing - Councilman Walls moved to give tenative approval of this budget. Seconded by Councilman Comcowich. All in favor, motion carried. Manager Wurl request approval of the appointment of Charles Gilkey, City Engineer, as Acting City Manager Acting City during Manager Wurl's absence from the City. Manager Councilman Comcowich moved to appoint Charles Gilkey as Acting City Manager. Seconded by Councilman Walls. All in favor, motion carried. Councilman Comcowich moved to adjourn at 7:00 p.m. and to adjourn the meeting to Sept. 18th at 5:00p.m. to review additional budgets. Seconded by Councilman Walls, All in favor, motion carried. aine Graves, C~y Clerk 'Adjourned Meeting Aspen City Council September 18, 1972 Meeting was called to order at 5:00 p.m. by Eve Homeyer with Councilmen William Comcoawich, ROss Griffin, Francis Whitaker and City Manager Leon Wurl. Mayo= Homeyer introduced Timber Dick as the new student representative on the Council. Student Rep. Letter of resignation was submitted by City Manager Leon Wurl effective November 1, 1972. Manager Wurl stat Resignation- ed he had received an offer which he has accepted at a higher rate of pay and proposes new challenges. City Manager Council members stated their regret and Manager Wurl's leaving the City will be a great loss to the City. Manager has taken a lot of the blame for Council's actions and has give~ much to the community. Grassroots - Mr. Cowan was present to request funds in the 1973 budget. Major part of the funding for grass- Grassroots roots comes from foundations , corporations and personal donations.. Require community support in order to apply for grant funds. Council indicated they did not feel this was a function where City funds should go, more of an educational line and funds should be sought along those lines. Accounts payable - Councilman Whitaker moved to approve the accounts.payable as submitted. Seconded by Accounts Councilman Walls. Roll call vote - Councilmen Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Payable Homeyer aye. Motion carried. ~ Councilman Griffin moved to approve the pay estimates as submitted by Mr. Dale Rea and Engineering in the Pay Estimates amounts of $3,544.71 and $6,437.63. Seconded by Councilman Comcowich. Rolls'call vote - Councilmen W~ils Water aye; Whitaker aye; Griffin aye; Comcowich aye; Mayor Homeyer aye. Motion carried. Budgets-Proposed budgets were submitted. Budgets Consession Stand - Manager Wurt reported the off setting revenues amount to $7200.00. Stand is opened from June to August full ~me, now open on weekends and during football,games. Councilman Comcowichmoved to give te~ative approval of this ~udget. Seconded by Councilman Walls. All in favor, motion carried. James E. Moore Pool - Off setting revenues $10,600 plus $6,000 for lessons. Councilman Comcowich moved to give tenative approval of this budget. Seconded by Councilman Walls. All in favor, motion carried. Municipal Court - Revenues estimated at $33,000. Councilman Comcowich moved to gi~e tenative approval of this budget. Seconded by Councilman Whitaker. All in favor, motion carried. Planner - Mr. Bartel was present and explained Acct. ~629, Contractual Services. Total budget submitted, $6400 to be eliminated from Acct. ~629 relating strictly to County functions and remaining budget to be ~ ~plit in half making a total budget for the City share of $37, 049.50. Councilman Comcowich moved to give tenative approval of the Planner's budget. Seconded by Councilman Walls. All in favor, motion carried. Manager Wurl reported Mr. Pabst would like to meet with the City Council and County Commissioners on the 25th at 3:15p.m. Council agreed. ~ 1351 Adjourned Meeting Aspen City Council September 18, 1972 Council request the City Manager prepare a rough draft of advertisement f~r a City Manager to fill Manager Wurl's vacancy. Train Mayo~ Homeyer informed Council she had received information from F~itz Benedict relating to an invitation to Antonito the City to ride a train at Antonito free, representatives must pay their own expenses to Antonito. Ride offered on October 8th. Councilman Comcowich moved to adjourn at 6:10 p.m. seconded by Council~n Griffin. All in favor, meeting adjourned. k~I~ne Graves, C~ty ~e~k~j