HomeMy WebLinkAboutminutes.council.19750210 1698
Regular Meeting Aspen City Council February 10, 1975
The meeting was called to order by Mayor Standley at 5:00 p.m. with Councilmembers
De Gregorio, Markalunas, Pedersen, City Manager Mahoney and City Attorney Stuller present.
MINUTES ~'~
Councilwoman Pedersen moved to ap~prove the mxnutes from January 27, 1975, as submitted;
seconded by Councilwoman Markalunas. Ail in favor, motion carried.
ACCOUNTS PAYABLE
Councilwoman Pedersen moved to approve the Accounts Payable for January; seconded by
Councilwoman Markalunas. Councilman De Gregorzo asked if the ski racks for the minibuses
had gone out for bid. City Manager Mahoney answered that the work was done in-house
as much as possible, that they had not been left for bid. Mahoney also said he would
ask Transportation Director Dick Parker why they had not been bid. Ail in favor, motion
carried.
CITIZEN PARTICIPATION
1. Don Fleisher approached Council about his project, the 623 Hyman Building, that had 620 Hyman
been approved under Ordinance 19. Fleisher told Council he had had second thoughts about Building
the quality of the project, would like to scrap the project and start with a new design
and new architect. Fleisher was asking for Council cooperation to be able to do this.
Mayor Standley asked if the project was designed with off-street parking; Fleisher said
6 or 7 spaces.
There seemed to be some confusion as to exactly what Fleisher wanted from the Council.
Fleisher replied that the Council permit him to re-design the building.
Councilman Walls came in.
Mayor Standley told Council that the project as it stood had been approved by Ordinance
50. Yank Mojo told Council the only problem he could foresee was the Floor Area Ratio
which would change under the new zoning code. Mayor Standley suggested Fleisher work
under the idea of no off-street parking and give more open space to the project.
Councilwoman Markalunas asked if the Floor Area Ratio of the new building would be the
same as the old project.
Councilman De Gregorio said that as this was not an agenda item, he would like to hear
from the Planning Department when they were better prepared. He didn't want to move
on this item until there was more information. Mayor Standley suggested that the 620
Hyman Building be put on the next agenda so that they had time to work with the Planning ~
Office.
2. Robert Grueter representing Dr. Oden's building asked to be put on the agenda. 0den
Councilwoman Markalunas moved to consider this project as an agenda item; seconded by Building
Councilman De Gregorio. All in favor with the exception of Councilwoman Pedersen,
motion carried.
Grueter told Council Dr Oden owns 26,000 square feet which sits right behind the First
National Bank. The land is now zoned 0, Office. Dr. Oden would like to have it zoned
C-1. Grueter brought up four points: (1) the land is right next to the City parking
lot, (2) they want to put an athletic club on the lower level of 16,000 square feet
and upstairs of 26,000 square feet. This would take the building over the Floor Area
Ratio of 0, (3) they would like to have some uses that are not allowed under 0 zoning,
like office supplies and possibly a financial institution. The logical category to
affect all Dr. Oden wants to do is C-1. Grueter said previous discussion with Council
had brought up the possibilities of going to C-1 zoning and restricting the uses or
remaining in 0 zoning and allowing the building some leeway.
Grueter pointed out that the land was right next to the City parking lot and if granted
C-1 uses the people could all park there. Also the history of the building is that
four times Dr. Oden started to build something and didn't do it at the planning
department's request. One of the reasons for this is that Bleeker street was going to
be an entrance to the parking lot and now is not.
Mayor Standley indicated he felt that there might have been an inequity to Dr. Oden but
Yank Mojo of the Planning Department told Council he couldn't speak for the first three
times but the last meeting with regard to the building nothing about a Floor Area Ratio:
above 1:1 was discussed. Grueter said they had reached an agreement of a FAR of 1.5:1.
Mojo stated at no time was Office/Multi-family zone designated to be anything but a FAR
of 1:1.
Councilwoman Pedersen said she felt very strongly that the Council was working on a
zoning code that was going to have the first reading in two weeks. The Council had had
enumerable assaults on the code already. Councilwoman Pedersen stated she was going to
vote against this proposal because whe couldn't see the constant nibbling away at the
code.
Councilman De Gregorio said he felt the opposite of Councilwoman Pedersen. Councilman /~
De Gregorio indicated he felt Council was really restricting the C-1 areas. Rents in
the current areas have gone up so high and people are having to drop out of there and
De Gregorio felt the City needed more C-1 areas and the athletic club interested him
because it was a u~e that the City didn't have. The Council should be flexible before ~
the zoning code is finalized.
1 699
Regular Meeting Aspen City Council February 10,1975
Yank Mojo said the Planning Department had no problem with the athletic club as a
Oden
proposed use. The problem is Dr. Oden wants the allowed 26,00 square feet of building
Building plus an additional 16,000 square feet to what would be allowed in that district. Grueter
mentioned that would keep the FAR 1.5:1 of the C-1 district. Mojo also pointed out that
there were intended commercial uses in the building which the planning department did
n~ feel were applicable to Mill Street and were allowed under the C-1 district.
Councilwoman Markalunas mentioned she had heard for a long time that the City was having
trouble getting people to park on the Rio Grande property and that at the time of the
Rio Grande property purchase the City would encourage commercial uses down there in
order to get people parking there. A proposal for malling Galena street down to the
Rio Grande proper~y had also been brought up as a viable plan for getting people out
of their cars and on up into town. If there are no shops or commercial type areas to
get people out of their cars, only a parking lot, people are going to do just what they
are doing right now; driv~ to the commercial area and get as close to the location as
possible. Councilwoman Markalunas said she felt now Ks the time to consider specific
areas that may not fit within the model the Council is looking at; it is far better to
do this now than go through the expensive procedure of trying to amend the code.
Councilmembers Markalunas and De Gregorio agreed they felt this was a logical extension
of the commercial areas.
Grueter explained to Council that the athletic club was planned for handball courts,
squash courts, exercise room, and a place to grab a sandwich. They intended to keep
time open on the courts for public use.
Councilman De Gregorio moved to direct the planning office to put this land into %he
zoning code as the C-1 district; seconded by Councilwoman Markalunas.
Councilman De Gregorio asked if the Council had any controls; could the Council write in
some restrictive covenants, city Attorney Stuller told Council that was contract
zoning. Councilman Walls pointed out that unless the City is administering with regard
to the uses that go in{o that building, there's no control over it. If the Council
were to eliminate certain uses out of the building and followed through from now on,
then those uses would be eliminated. Mayor Standley asked how the City could stop
conversion if the C-1 district allows restaurants, etc.
Grueter told Council that this building was going to be condominiumized in the future.
City Attorney Stuller told Council that if the use is appropriate for C-1 zoning, then
it's appropriate, and gets its legitimacy from the plan as a whole. If this is not
an appropriate C-1 district, then the Council is contract zoning. Councilwoman
Markalunas remarked she thought it was an appropriate C-1 district. Councilman
De Gregorio said he felt the Council would probably re-zone in the future to include
more C-1 districts as the town needed these types of uses.
Councilmembers Markalunas, Walls, De Gregorio in favor; Mayor Standley and Councilwoman
Pedersen opposed. Motion carried.
COUNCILMEMBER COMMENTS
Councilwoman Markalunas read a letter she sent to Mr. Van Etter who is the Regional
Post Office Officer for Delive~ Service at the local post office.
The City of Aspen is very willing to cooperate with the Postal
authorities to alleviate a condition that has grown intolerable to
us all, wasteful of gasoline and human resources and polluting to our
community.
The following is offered as a possible compromise solution to
the present mail delivery problem in Aspen:
It is my understanding the Post Office offers the following:
1. Door to door delivery in the Comraercial zone of Aspen --
from Main Street south to Aspen Mountain -- from Original
Street on the east to Aspen Street on the west -- equaling
approximately 50 blocks.
2. The NBU (14 boxes and 2 mail deposit boxes) units will be
provided for the balance of Aspen, and the surrounding
areas adjacent to Aspen.
You adivse that 1 carrier and 1 vehicle can furnish the above
service at an approximate cost of $28,000. You further indicated
that a carrier's salary is approximately $12,000 per year. As a possible solution, we propose:
Dividing Aspen into two areas -- AREA 1 being that portion of
Aspen bounded on the south by Aspen Mountain -- on the west by
Castle Creek -- on the North and East by the Roaring Fork River.
Comprising about 148 blocks.
AREA 2 being the subdivisions surrounding -- lying East, West
and North of Area 1.
Area 1 would be serviced with door to door delivery service. This
represents 98 blocks added to door-to-door service, however, approx-
imately 25 blocks are east Aspen, which is primarily apartment
dwellings -- which presumably would, even under your present proposal,
require the carrier to get out of his vehicle and deposit the mail
in the lobby or entry area of the apartment houses. And 10 blocks
are vacant, park and/or school lands, which do not require service.
In effect you would be adding 63 blocks to door-to-door delivery or
approximately doubling the area y®u say you will now serve.
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~efular Meetinq Aspen City Council February 10, 1975
Area 2 would be serviced with NBU carrier service. This is
already covered in your proposed service plan.
WE WOULD SINCERELY REQUEST YOUR SINCERE CONSIDERATION OF THIS
PROPOSAL. We feel with a minimal addition of two carriers ($24,000),
this plan could be implemented and plans for a new building on the
Railroad Property could proceed, plus you would have many, many happy
people in Aspen.
THANK YOU FOR YOUR CONSIDERATION, RESPECTFULLY,
Ramona Markalunas
Councilman Breasted came in
Mayor Standley commented he thought the proposed letter from Councilwoman Markalunas
was a good approach. There were no adverse comments from the Council. Councilwoman
Markalunas said she would send copies to the Postmaster General, Gary Hart, Jim Johnson,
and Floyd Haskell.
2) Councilman Breasted said he had had a request to change the Charter or to draw up Run off
an Ordinance making run off elections possible in the City, requiring them in the case elections
of the Mayor's Office, to have a majority of 51 per cent. City Attorney Stuller said she
had been contacted about this and it could be handled by Ordinance because the Charter
doesn't specifically prohibit it. Under the Charter, the City adopted the Colorado
Municipal Election Code and the City may amend that by Ordinance.
Councilman Walls questioned why it was important that a Councilmember had a 51 percent
majority vote. The people vote for who they want; why have to have 51 percent and cause
the city two elections. Councilman Breasted said he felt that if your candidate did not
win, you might want to express your preference of the top two. Councilwoman Markalunas
could not see the need for ~his. You could have election after election. Councilmembers
Pedersen and De Gregorio also stated they did not see any reason to have an Ordinance
d~afted to this effect.
3) Councilman Breasted brought up Evan Gull's memo on the new off-street parking Zoning code
requirements in the proposed zoning code. Councilman Breasted said he thought Gull
made some excellent points. Mayor Standley asked the planning office ~o respond to
Gull's memo with a memo to the Council. Councilman Walls mentioned also a memo from
Evan Gull to the Planning Department with regard to the proposed zoning. Councilman
Walls said he felt it really did make sense. Mayor Standley told the Planning Office
to give Council memos responding directly to Evan Gull's memos.
4) Councilwoman Pedersen asked where the financial statement from the Plum Tree Inn Plum Tree
was. Lois Butterbaugh, Director of Finance, told Council that the Plum Tree had remitted inn -
$2,500 to the City for the period of August through September and for the three week~ financial
they were open in December they remitted approximately $4,400. The business manaaer statement
told Butterbaugh that they had been detailing the reports on the checks and from now
on would send reports to the City. For January the manager stated the revenue would be
$5,200 and estimated the revenues to the City would be S8,100 for both February and
March. The Plum Tree plans to send a copy of their cumulative night audit sheets that
they do their recording on each month. Councilman Breasted said he wanted an accounting
at the end of the winter season.
5) Councilwoman Pedersen asked what happened to the Midas checks, if they were cashed Midas Muffler
or deposited. Mayor Standley said the larger check was still in his office waiting to ski benefit
be cleared up by Midas.
6) Councilwoman Pedersen noted to Council that an unfortunate incident took place in Police Dept.
the City last Tuesday and she wanted to commend the people ~n the Police Department for commendation
their deportment and handling of the situation. Councilwoman Pedersen also commended
Sue Smith, who after closing the City switchboard, stayed and helped the dispatchers
and then re-opened the City switchboard to take the load off the Police Department. The
Officers who came on duty early were also commended. The ambulance response time was
about 3 minutes. Councilwoman Pedersen said it was a gratifying experience to see a
system work as well as the police department system worked last Tuesday.
7) Councilman De Gregorio noted his concern of the publicity of police using hollow Hollow point
point bullets. Considering how seldom the Aspen Police Department used their weapons, bullets
Councilman De Gregorlo didn't feel their was substantial argument for letting them use
expanding bullets. Councilman De Gregorio said he didn't particularly want to get
involved but wanted to make his objections public.
Chief of Police Martin Hershey told Council the Police Department is using 158 grain
controlled expansion soft headed bullets.
RAMEL'S BEER AND WINE LIQUOR LICENSE ~amel's liquor
license
Bob Grueter, representing Ramel's, told Council that all debts of the previous corporatiol
had been taken care of and that the suppliers are supplying Freddies on open account.
Mayor Standley closed the public hearing. _
Councilman Walls moved to approve the stock transfer; seconded by Councilwoman
Pedersen. All in favor, motion carried.
I701
Reqular Meetinq Aspen City Coun~i1 FebrUary__10, 19~_5
RIVERVIEW SUBDIVISION EXEMPTION
Riverview City Attorney Stuller explained to Council by a memorandum submitted February 5 exactly
Subdivisic what perogatives she was trying to retain for the Council in asking DiCk Meeker to
apply for an exemption for this land. There is;a division of opinion as to whether or
not parcelling already platted lots and blocks constitutes a subdivision. Subdivision
regulations are concerned with impact, type of development considered, dedication
requirements, making sure access and utilities are appropriate. In some instances
these may be important to the Council. Riverview plans to come back to the Council
for condominiumization. They want to keep a good title record by having the Council
exempt on record the parcelling of these three lots.
Councilman Walls moved to g~ant the subdivision exemption; seconded by Councilwoman
Markalunas.
City Attorney Stuller reminded Council that she was trying to reserve for Council the
right the Council should assert a right to review these parcellings of land in the
future. In this case further review, when condominiumized, will achieve the purposes
of Chapter 20 so an exemption is appropriate] The Council should make of record that
even when people are parcelling already platted lots and blocks, there may be some
elements of concern to the Council.
Councilman Breasted stated his concern over the exemption that Riverview would not.have
to come back to Council for condominization. City Attorney Stuller said they were
not coming in for a lots and block exemption and would have to come back to Council
when they built a condominium on this land. This is merely a subdivision of land.
All in favor; motion carried.
Dick Meeker asked for Council's reading as far as interest in purchasing the land. He
asked Council to entertain some kind of resolution whether or not they are gOing to
Want to buy the land. No members of Council were interested in a motion to enter into
negotiations. CouncilwOman Markalunas told Meeker that if at some future time the City
approached him to buy the land, he would just have to include the price of drawings,
etc. in the sale price.
P & Z APPOINTMENT
P & A appt.
Michael Otte Mayor Standley reminded Council that the nominations of Paul Hamwi and Michael Otte for
this appointment had been tied at the last meeting. Their nominations were still good
and had only to be voted upon. Michael Otte was elected by Council for the Planning
~ and Commission.
Zoning
CITY MANAGER
I. j 1) City Manager. Mahoney asked that a statement by the City and Holy Cross be put in the
record.
Holy Cross
statement JOINT STATEMENT
CITY AND HOLY CROSS EXPLORE UTILITY ISSUE
Representatives of the City of Aspen and the Holy Cross Electric
Electric Association have initiated discussions in an attempt to work out
a solution to the service area dispute which has been in common focus for
some time by the two electric utilities now serving the consumers residing
within the Aspen corporate limits.
It is the sincere hope of both entities that this joint effort approach
will succeed in establishing a settlement in the best interests of all
consumers involved.
Both the City and Holy Cross have dedicated their energies relating
to this matter toward a timely and equitable solution.
2) City Manager Mahoney asked for a study session to go over the budget but suggested
a Finance committee meeting first. The Finance Committee meeting was scheduled for
Thursday, February 20, at noon.
City Manager Mahoney then read from Resolution ~33, Series of 1974, which states that
before the City makes any appropriation they must first appropriate the $72,000 (including
$23,708.00 to satisfy donation requests) to the General Fund and $38,000.00 to the Land
Acquisition Sales Tax Fund.
Mayor Standley suggested scheduling the study session on the budget at the February 24,
1975, Council meeting.
Ord. ~2 ORDINANCE #2, SERIES OF 1975
False
alarms Mayor Standley opened the public hearing on this Ordinance and reminded Council that the
question raised at the last Council meeting had to do with licensing the false alarm
companies in town.
City Attorney Stuller explained that only people who monitor alarms had to be licensed.
The Mel Seid Alarm Company only installed alarms and connects them through PSI. City
Attorney Stuller also told Council that the purpose of Chapter 8-1/2 was to deal with
people that monitor alarms. There is only one company in town at present that monitors
alarms.
Regular Meeting Aspen City Council February 10, 1975
The complaint at the last meeting was that people who install alarms should also be
licensed because they could be responsible for the false alarms by negligent installation~
City Attorney Stuller told Council the monitoring company was supposed to check with the
source of the alarm and check it out before the calls went into the Police Department.
Mayor Standley said PSI questioned if there were to be a revocation of an alarm due to
excess false alarms and would there be a hearing. City Attorney confirmed that if you
are dealing with a licensing process and a source of a livelihood, a right of appeal is
usually required by law. City Attorney Stuller also said she would submit an additional
amendment'to take care of that problem.
Councilman Walls asked if the Council did revoke the license as the only monitoring
company in town, would the City be liable for all the people who are paying money for
this protection. City Attorney Stuller answered that when the original Ordinance was
adopted the Council felt that a public agency should subsidize what is a private type of
safety device; it is commercialized and done for the private gain of a company. The
City's responsibility to offer Police service equally to everyone in the City. People
with alarms have an additional safety device they wish to take advantage of.
Mayor Standley closed the public hearing.
Councilwoman Markalunas moved to read Ordinance ~2; seconded by Councilwoman Pedersen,
all in favor, motion carried.
ORDINANCE ~2
(Series ~f 1975)
AN ORDINANCE AMENDING SECTION 8½-11 OF THE ASPEN MUNICIPAL CODE CONCERNING
PENALTIES FOR REPORTING OF FALSE ALARMS; WHICH AMENDMENT ELIMINATES THE
PENALTY FOR REPORTING OF FALSE ALARMS AND THE PROVISION PERMITTING A LIMITED
NUMBER OF FALSE ALARMS EACH MONTH; BUT WHICH IMPOSES AN ASSESSMENT ON EACH
PERSON, FIRM OR CORPORATION WHICH, BY ITSELF, ITS EMPLOYEES, AGENTS, GUESTS
OR INVITEES, NEGLIGENTLY CAUSES THE REPORTING OF A FALSE ALARM; SETTING
THE ASSESSMENT AT TWENTY-FIVE ($25.00) DOLLARS FOR EACH SUCH ALARM; AND
PROVIDING FOR THE REVOCATION OF ANY LICENSE ISSUED UNDER CHAPTER 8½ WHEN A
FALSE ALARM IS ATTRIBUTABLE TO THE INSTALLATION OF FAULTY OR INAPPROPRIATE
EQUIPMENT BY THE LICENSEE (CENTRAL OFFICE EMERGENCY ALARM SYSTEM) AND SAID
LICENSEE FAILS TO IMMEDIATELY RECTIFY THE SAME
was read in title by the City Clerk.
Councilwoman Pedersen moved to adopt Ordinance 92, Series of 1975 on second reading;
seconded by Councilwoman Markalunas. Roll call vote, Councilmembers De Gregorio, aye;
Markalunas, aye; Pedersen, aye, Walls, aye; Breasted, aye; Mayor Standley, aye. All in
favor, motion carried.
ORDINANCE ~4, SERIES OF 1975 Ord. ~4
table~
Councilwoman Pedersen made a motion ~o table Ordinance ~4, Series of 1975, pending a
Finance Committee meeting and work session on the budget; seconded by Councilwoman
Markalunas. All in favor, motion carried.
ORDINANCE ~6, SERIES OF 1975 Ord. #6
Residency
Mayor Standley opened the public hearing. There were no comments. Mayor Standley close~ requirements
the public hearing.
Councilwoman Pedersen moved to read Ordinance ~6, seconded by Councilwoman Markalunas.
All in favor, motion carried.
ORDINANCE 96
(Series of 1975)
AN ORDINANCE ESTABLISHING MUNICIPAL CANDIDATES' AGE AND RESIDENCY REQUIREMENTS;
SETTING THE MINIMUM AGE OF EIGHTEEN YEARS; REQUIRING RESIDENCY WITHIN THE
CITY FOR TWELVE (12) CONSECUTIVE MONTHS BEFORE THE DATE OF THE ELECTION; AND
PROVIDING THAT IN THE CASE OF ANNEXATION, RESIDENCY FOR THE REQUISITE PERIOD
WITHIN THE ANNEXED PERIOD WILL SATISFY THE REQUIREMENTS HEREIN IMPOSED
was read in title by ~he City Clerk.
Councilwoman Pedersen moved to adopt Ordinance ~6, Series of 1975, on second reading;
seconded by Councilwoman Markalunas. Roll call vote; Councilmembers Markalunas, aye;
Pedersen, aye; Walls, aye; Breasted, aye; De Gregorio, aye; Mayor Standley, aye. All
in favor, motion carried.
Ord. ~7
ORDINANCE 97, SERIES OF 1975 Lease-purchase
City Attorney explained to Council that the lease agreement had been finalized and had
severat technical changes. The amortization schedule has changed, each payment has a
few additional dollars. The finance company wanted to use the figure $116,582.00,
whereas the First National Bank had used $116,000. The basic change occurs in paragraph
22, the expansion of the limited recourse section. The finance company requires (1)~ that
the City not repeal the tax during the life of the agreement and (2) that the City not
further obligate the 7th penny and jeopardize the payments.
1703I
Reqular Meetinq Aspen City Council February 10, 1975
Councilman Walls asked if this lease in any wayl restricted the City from saying at the
end of a year period that we did not want the buses. City Attorney Stuller answered
that this is a four-year lease payoff or purchase agreement. The City cannot walk
away from this lease. Councilman Walls said his basic premise in going to a lease-
purchase was (1) the cash flow and (2) in regard to the units themselves; if the units
would not operate or stand up, then the City should not have their hands tied.
City Attorney Stuller explained the first time the City told the Finance Company that
the City could not engage in a four year mandatory buying type lease because it was
in conflict with our Charter provisions. The lease company found this unacceptable
because they have to create a piece of negotiable paper where they can collect their
full payout plus a reasonably profit. The City then had several alternatives. City
Attorney Stuller felt that the only way to proceed further was to rely on a special
fund doctrine, if you limit the recourse to a special fund that is not available for
general fund purposes then a debt is not created within the terms of the Charter. This
is a commitment to buy the buses. This is a standard lease-purchase agreement except
in the limited recourse section. The City has already purchased the buses, this
lease-purchase agreement is just getting the City the money back.
Mayor Standley closed the public hearing.
Councilman De Gregorio moved to read Ordinance ~7 as amended; seconded by Councilman
Breasted. All in favor, motion carried.
ORDINANCE ~7
(Series of 1975)
AN ORDINANCE RATIFYING AND APPROVING A CERTAIN LEASE-PURCHASE AGREEMENT
BY AND BETWEEN THE CITY OF ASPEN, COLORADO, AND THE FIRST NATIONAL BANK
OF ASPEN, WHICH PROVIDES FOR THE LEASE AND PURCHASE OVER A FOUR (4) YEAR
TERM OF THREE (3) MINIBUSES; ALLOWS FOR PURCHASE AT AN EARLIER TIME FOR
THE UNAMORTIZED PRINCIPAL; PROVIDES FOR THE USE, REPAIR, MAINTENANCE
AND INSURANCE OF SAID VEHICLES DURING THE TERM OF THE AGREEMENT; ASSIGNS
RISKS IN THE EVENT OF LOSS; AND LIMITS RECOURSE FOR LIABILITIES OF THE
CITY THEREUNDER TO THE PROCEEDS OF THE SEVENTH PENNY SALES TAX
was read in title as amended by the City Clerk.
Councilwoman Pedersen moved to adopt Ordinance ~7, Series of 1975 as amended,-on second
reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Walls,
aye; De Gregorio, aye; Pedersen, aye; Markalunas, aye; Breasted, aYe; Mayor Standley,
aye. All in favor, motion carried.
CITY ATTORNEY
i Charter
Amendments City Attorney brought up various Charter amendments suggested to her that may be submitt~
on the May 6, 1975, election.
1) The first is a proposed use tax for the City of Aspen to be attached on building
Use tax materials and attached on the use of automobiles not purchased in the City and used
in the City. The Council objected to a use tax on automobiles for people living within
the City limits because people living outside the City would not have to pay the tax
but would use their automobiles in the City.
Mayor Standley and Councilman Walls felt the City should pursue the building material
use tax. Councilwoman Pedersen questioned the enforcement of such a tax. City Manager
Mahoney said this had been addressed in a memorandum last spring. Mahoney told Council
the City could get this use tax through the building permit process as an estimate.
Councilwoman Pedersen brought up the point that everytime the possibility of lumber yard
within the City limits was mentioned it was received with shrieks of dismay and horror.
A use tax on lumber and building materials seems inconsistent with the attitude of the
City.
Council decided not to entertain the idea of a use tax at this point. City Attorney
Stuller reminded Council that because this is an excise tax, they will have to wait
two years or have.a special election.
2) City Attorney Stuller brought up the residency requirement for permanent boards.
Residency It is now two years and we come up with problems when the City cannot come up with
requirements viable candidates under this restraint.
Boards and
Commissions Councilman Walls said he was against changing the residency requirement to non-residents.
Councilwoman Pedersen felt with regard to the Mall Commission that owners of businesses
on the Mall whether they were residents or not certainly are contribution to the
general fund of the City.
City Attorney Stuller asked if Council wanted a Charter change exempting the Mall
Commission from the residency requirement. Council requested that City Attorney
Stuller repeal the previous Ordinance making the Mall Commission a standing commission
and make them an advisory board so that non-residents could serve on this board.
1704
Regular Meetinq Aspen City Council February 10, 1975
3) City Attorney Stuller asked Council if they wanted to consider a Charter change Long-term
allowing the Council to enter into lease-purchase arrangements. Mayor Standley said installment
he felt Council ought to have that option, the flexibility to enter into a lease- contracts
purchase arrangement. Councilman Breasted said he liked what finally came out of this ~\ '
lease-purchase agreement, that the present Charter was a safeguard. The City could
enter into these agreements ad infinitum and get over-extended.
Mayor Standley pointed out that the Finance Department ought to maintain the flexibility
to enter into these agreements for cash flow purposes. Councilwoman Markalunas said
many people preferred not to take the total price for tax purposes but would rather be
paid in installments and presently the City cannot legitimately do that.
City Attorney Stuller said she would submit a Charter amendment on lease-purchase
agreements.
4) There are a series of changes to the budget process, eliminating capital depreciation
fund, changing debt payment appropriation. City Attorney Stuller said she would itemize
them for Council. Finance Department requested that she draft a Charter change allowing
for more and varied investments with the fund. These will be submitted for Council's
consideration at the nex~ meeting.
City Attorney Stuller asked Council if they wanted to petition the state to submit to
the State Legislature for a higher State minimum wage. Council indicated they were in
favor of this procedure.
City Attorney Stuller said she would submit a Resolution to pass on the Department of
Labor requesting that a higher minimum wage be established.
Councilwoman Pedersen moved to adjourn; seconded by Councilman Breasted. All in favor,
motion adjourned at 6:40 p.m.
Kathryn~S. Hauter, City Clerk