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HomeMy WebLinkAboutminutes.council.19670705 Regular Meeting . Aspen City Council July 5~ 1967 Meeting was called to order by Mayor Barnard at 3:45 p.m. with Councilmen Stapletnn, Kuster, Clymer, Attorney Janet Gaylord and City Administrator Leon Wurl. Accounts payable were given to Councilman McEachern to check. Councilman Stapleton made a motion to approve the minutes of June 19th and 26th as mailed. Seconded by Councilman Kuster. Roll call vote - Councilmen Stapleton aye; Kuster aye; Clymer aye. Councilman McEachern arrived. ORDINANCE #12, SERIES 1967, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF Ord. #12 ASPEN, COLORADO STREET IMPROVEMENT DISTRICT NO. 67-1 BONDS; PROVIDING FOR THE Bonds #67-1 PAYMENT OF SAID BONDS AND THE INTEREST THEREON; AND DECLARING AN EMERGENCY was read in full for the second time.by the City Clerk. No discussion. Council- man Stapleton made a motion to adopt Ordinance #12, Series 1967 as read in full on second reading. Seconded by Councilman Clymer. Roll call vote - Councilmen McEachern aye; Clymer aye; Kuster aye; Stapletnn aye. Coterie, Inc. - Purchase and Sale of Liquor License - Mr. Lyle Taylor and Attorney Brauchli were present. Mr. Brauchli outlined to Council the financing of the Coterie - Liquo~ Coterie. Stated the first part of this year the restaurant was running at a loss Transfer due to Mr. Taylor's unfamiliarity in the restaurant business and the high cost of the food. Business has increased during the first part of this surmner season. Condominium owners have loaned from $500 to $1000 each at no interest to re-open the restaurant. Accounts receivable is comprised of the charges made by the condominium owners in the restaurant. The bar is presently operated under a quasi management agreement with the Aspen Alps Club. Attorney Brauchli stated . the State does not look favorably~3~upon these agreements, so have applied for the change. Present.lease, free of charge, will termirmte September 30, 1967. Representatives of the Coterie could not state what the charge.might be for rent under a new lease. Councilman Stapleton made a motion this liquor application be tabled till the next regular meeting for further determination and consultation. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster abstained; Stapleton aye; McEachern aye; Clymer aye. Council stated they would make a decision at the next regular meeting. Also instructed Administrator Wurl to check ~ith the State on management agreements. Elbert Tacker - East Aspen Patent Application - Take off the agenda. North Side Annexation - Administrator Wurl informed Council, Buchanans were now ~-~N.S. Annex. unwilling to sign for a split in their property. Councilman McEachern made a motion to in lieu of the center line of the river to use Neal and Gibson Avenues as the Northeast boundary of the North Side Annexation. Seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Stapleton aye. nlllm tJ i i' ri 620 ........ ~ular Meeting Aspen City Council July 5, 1967 Tom Benton - Resignation - Administrator Wurl reported Mr. Benton would like Council TomBenton to hold off on this until after the general~meeting of the Boards.~ Resignation Dogs - Leash Law - Discussed lack of en~6rcement by the dog catcher and letter received Dogs from the State Health Department melating to the'regUlation'of dogs in restaurants. Councilman Stapleton proposed in lieu of a dog leash law in the business district put it up to the electorate at this November election for the entire City. Stated he had sent a sample leash ~law ~to.Admlnlstrato~ ~url~. Council instructed the City Attorney to draw up an ordinance along the lines of the proposal for Council's con- sideration at the next regular~mee~ing. CoPies~ ~o?be sent out ~to~the Coumcil. Arts & Crafts - Mr. Wurl reported Joan Neyt&n request permission'for her students of the A~ts & Crafts class to paint,pictures o~.the'fences, sidewalks, trash cans and Arts & Crafts place varinus colored rockg or mosaics around the tree holes in the downtown area. Councilman McEachern made a motion that Joan Neylan's crew paint up the town. Second- ed by Councilman Stapleton~ Roll call votei~- Co~uncilmenStapteton~aye; Kus.~em nay;-~_ McEachern aye; Clymer nay. Tie vote - Mayor Barnard nay. Motion uncarried. Councilman Stapleton ;made a motion that the Arts and Crafts be authorized to,paint the sidewalks and trash cans. Seconded by CouncilmanMcEachern. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye; Clymer aye. Council agreed the trees and planted areas in front of the shops were the shop owners responsibility. City Attorney April Statement and Registration Fee - Administrator Wurl reported City Attorney Attorney Montgomery feels the Council should request a legal opinion from Mrs. Gaylord Statement as relates to the payment - #1 Can Council legally authorize payment of attorney fees over and above the amount budgeted for attorneys fees absent an emergency, and if not, what is her opinion as to the remedy for such over-payment. #2 Is Council authorized under law to approve her statement fOr services rendered when she is not on a salary and never has been, said salary has never been set by ordinance as required by State Statutes. Also if her opinion is in conflict with Montgomerys Council should obtain outside counsel to answer the question. Also a receipt should be signed by Mrs. Gaylord, if payment is approved, waiving none of her rights o~ the Cities. Councilman McEachern stated he felt Montgomerys opinion should be taken into consideratio~ on future payments, but the April statement was approved by motion at the last regu~r meeting pending a breakdown being sent to the Mayor and Council, which was done. Mayor Barnard quoted State Statutes 139-4-1, 139-4-2 and 139-14-3(2) relating to the authority of the Mayor and stated he would not sign the check for the April payment until Council approved an ordinance regulating the salary of the City Attorney. Mrs. Gaylord stated she had no objection to her salary being set by ordinance if it is reasonable. Stated she had taken an average of the total amount paid to her since shehas been City Attorney which average was $900 per month. Also stated such unknown cost as filing fees etc. would have to be s~parate. Council discussed'an average over a number of years. Council instructed Administrator Wurl to advise Council and Mayor the amount spent for City Attorney fees for services rendered per month over the last 4 years for Councils consideration at the next regular Council meeting to d~etermine a salary for City Attorney Registration Fee to the Municipal League Conventinn in the amount of $8.00. Mayor Convention - Fees Barnard stated he felt authorization should have been granted before Mrs. Gaylord attende City Attorney the conference. Mrs. Gaylord reported she had not charged the City for accomodations or food. Council- man Stapleton made a motion to authorize payment of the $8.00 for registratinn fee for the City Attorney at the Municipal League Convention. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster nay McEachern aye; Clymer aye; Stapleton aye. Motion carried. Councilman McEachern questioned two bills in the accounts payable. Richard Flewelling, Acct. Payable Finance Director, explained the remaining balance of the bills would be paid by the Water Department. Councilman McEachern made a motion to pay the bills. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; McEachern aye; Kuster aye; Stapleton aye. 621 Regular Meeting Aspen Citz Council Jul~ 5, 1967 Sidewalks The following Resolution was read in full by Attorney Gaylord: ..~,, R E S O L U T I O N WHEREAS, it appears from an investigation of the City Engineer that certain sidewalks in the Cityof Aspen, Colorado, are in need of repair, construction-or reconstruction; and WHEREAS, in accordance with Section 8-1-1 of the Official Code of Aspen, the City Council of Aspen, Colorado is authorized to order such repair, replacement or construction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that either repair, construction or reconstruction of sidewalks in the City of Aspen, Colorado, is deemed to be necessary and the same is hereby ordered for the following streets: Main Street: Block 44, Lots K through S; Block 51, Lots K through S; Block 73, Lots K through Z inclusive Monarch 'Street: Block 81, Lot K. Spring Street: Block 100, Lot S. Cooper Street: Block 100 Lots F through S inclusive. IT IS FURTHER RESOLVED THAT notice in writing shall be serv&d upon each of the owners of property abutting on or adjacent to the line of the proposed sidewalk project and that such notice shall requi~e such owners to comply with the above order to repair, construct or reconscruct sidewalks to meet the standards set by the City Engineer within thirty (30) days from the date of service or publication of such notice; or in default thereof, to allow the work be done by the City with the expenses thereof to be assessed upon the owners of the adjacent or abutting property. DATED THIS 5th DAY OF July , 1967. Councilman Stapleton made a motion to adopt the foregoing Resolution. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; kUster aye; Stapleton aye; Clymer aye. I. B. M. Computer legal opinion - Mrs. Gaytord stated the opinion was not ready at this time. Mr. Bruce Polick of the Aspen Chamber and Visitors Bureau was I.B.M. Computer present and stated the opinion would not be necessary, the Chamber has decided to finance this. The following Resolution was read in full by Attorney Gaylord: RESOLUTION WHEREAS, the City Council of the City of Aspen, Colorado desires to pay certain amounts that are now due from the General Fund of the City, and finds that there is not sufficient money available in the General Transfer of Fun Fund currently to effect such payments; and WHEREAS, the City Council finds that it is in the best interests of the City to make such payments, and desires to transfer the sum of $25,000.00 (twenty-five thousand dollars) from the Electric Operating Fund to the General Fund to meet necessary expenses; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized~ and directed to transfer the sum of $25,000.00 (twenty-five thousand dollars) from the Electric Operating Fund to the General Fund; and 2. A copy of th%s Resolution shall be deliwered to the City Clerk and the City Treasurer as authority to effect such transfer. DATED THIS '5th DAY OF July , 1967. Councilman Stapleton made a motion to adopt the foregoing Resolution. Seconded Councilman McEachern. Roll call vote - Councilmen Stapleton aye; Clymer aye; Kuster aye; M~Eachern aye. ' 622 Regular Meeting Aspen City Council July 5, 1967 ............................ ~:~:~::~: ............... The following Resolutionwas read in full by Attorney Gaylord: ~ ~___S 0 L U T I ~ ~ Transfer of ~-~ Funds WHEREAS, the City'Council of the City of Aspen, Colorado desires to pay certain amounts that are now due from the Street Improvement Fund No. 66-1, and finds that there is not sufficient money available in said fund currently to effect such payments; and WHEREAS, the City Council of the City of Aspen finds that it is in the best interest of the City to make such payments, and desires to transfer the sum of $10,000.00 (ten.thousand dollars) from the Electric Operating Fund to the Street Improvement Fund No. 66-1; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $10,000.00 ~ (ten thousand dollars) from the Electric Operating fund to the Street Improvement Fund No. 66-1; and 2. A copy of this Resolution shall be delivered to the City Clerk and the City Treasurer as the authority to effect such transfer. DATED THIS 5th DAY OF July , 1967~. Councilman Stapleton made a motion to adopt the foregoing Resolution. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye; Stapleton aye; McEachern aye. Historical Society - Bruce Polich gave a run down of 'the pledges received. Mr. Wurl reported there was little money left in the donation fund and recon~enRed Council not Historical Societt take it out of the contingency fund. Also reported there would be a con~nittee meeting on Thursday to discuss funding a residence for the Historical Society. Council instructed Mr. Wurl to give a report on the'meeting at the next regular meeting. Administrator Wurl stated he felt Council had authorized him to talk with the State ~- Historical Society in relation to funds but this was not reflected in the minutes. Council agreed they had authorized same to Mr. Wurl. Water - Red Butte Subdivision - Wurl reported he~ wished to make Council aware that the policy for out of town mains has been for the City to participate in transmission Water-Red Butte lines over 8". This line would be a 6" line and would not be considered as a trans- i~-'~-ission line but a water line extension. Wurl recommended that the Ci~ty extend ~e ma~n, collect the $600 tap fees and make no rebates. C~ty would have the benefit of the easements, which have already been obtained by Mr. Stevens, and access to this area by a short and easy route. No contract would be needed. Councilman Stapleton made a motion Council authorize the City to proceed to install a 6" water line from the end of the existing line at Cemetery Lane through Lots 7 and 8, Block 2 of Red Butte Subdivision. City to bear expenses and pay for the main extension and collect the tap fees. Seconded by CouncilmanMcEachern. Roll call vote - Councilmen McEachern aye; Clymer ay , Stapleton aye; Kuster aye Woodlander Liquor Violations - Administrator Wurl as per request, submitted to Council Liquor Violations! copies of 4 recent violations. Mr. Wurl stated a cpolicy has been set up so that Woodlander Council will receive a copy of all liquor violations. Councilman Stapleton request they be tagged with the number of up to date violations, Council discussed number of bars, and the requirement of a bond. Council agreed to have Administrator Wurl investigate performance bonds as relates to liquor establishments and needs of the neighborhood. Also City to run a credit check on all renewals. BicyCle Races - Alvin Zimmer was present and request permission from Council to close Bicycle Races the following streets on July 8th for approximately 2 hours -8:30 a.m. to 11:30 a.m.- Main from 3rd to Hunter, Hunter from Main to Cooper, Cooper from Hunter to Mill, Mill from Cooper to Hyman, Hyman from Mill to 3rd, 3rd from Hyman to Main. Race would then continue to Maroon Bells and be back in town about li00 p.m. Mr. Zimmer reported men would ~e stationed at the intersections to control traffic between laps. Discussed controlling through traffic during the races. Councilman Stapletonmade a motion to authorize closing of the streets as outlined on the map prepared by the bicycle race committee. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Stapleton aye. Aspen City Council July 5, 1967 Bicycle Races Administrator Wurl stated Garmisch Partenkirchen, Sister City, gave a cup to the winner Cup of the laps in town for the bicycle races last year and recommended the City continue Councilman Stapleton made a motion tO authorize Adminstrator Wurl to buy a cup to · ~ continue the Sister City Program in the amount of no more than $30.00. Seconded by Councilman McEachern. Roll call vote - Councilmen McEaehern aye; Clymer aye; Stapleton aye; Kuster aye. Red Mountain Water - Will require authorization to call for bids on tanks and pumps, Red Mt. Water due to the long delivery date reported Administrator Wurl. Also reported the contract will be submitted .to Council at the next meeting. Councilman Stapleton made a motion to authorize the Mayor and City Clerk to call for bids on tanks and pumps for the Red Mountain Water System. Seconded by Councilman Clymer. Roll call vote - Council- men Kuster aye; Stapleton aye; McEachern aye; Clymer aye. Guido-Clean-up Guido - Clean-up Campaign - Councilman McEachern made a motion to instruct the City Attorney to prepare a proper resolution con~nending Mr. Guido Meyer for his efforts in the clean-'up campaign of Aspen. Seconded by Councilman Stapleton. All in favor, motion carried. Park Signs Park Signs - Discussed signs located at the parks with the name of the park and the date of dedication. Council request Administrator Wurl contact the Park Association for their ideas for this. Quit Claim Deed - Councilman Stapleton made a motion to authorize the Mayor and City Quit Claim Deed Clerk t° issue a Quit Claim Deed to Harry P,' Ball and Helen M. Ball. Seconded by Ball Councilman McEachern, All in favor, motion carried.~k Public Hearing - Councilman Stapleton made a motion to ahold a public hearing on Public Hearing service yard fences on August 7th, 3:30 p.m. Seconded by Councilman McEachern. Fences-Date All in favor, motion carried. Bonds-Bank Letter from Logan Bailor of the Bank of Aspen was read by Administrator Wurl notifying the City of the number of City bonds bought by the Bank of Aspen. ~: Bruce Polich related to Council people are complaining about cars being towed away Parking under the restrictive parking. Some motel owners are paying fines for their guests to keep them happy. Councilman Kuster stated the Red Onion is opened until 3:30 a.m. and the 3:00 a.m. tow away caused complaints by the people having an early breakfast. Administrator Wurl reported the cars are ticketed at 3:00 a.m. so the streets are cleared out by 4:00 a.m. when the water grucks begin to flush the streets. If the car is from out of town, the $3.00 is not charged but made a warning. Councilman Street- Hole Stapleton questiOned if sometSing could be done about the hole in front of AsPen Drug. Also questioned inStalling a public bathroom at Paepcke Park. Administrator Public Bathrooms Wurl to check into the hole in front of the Aspen Drug and contact the Park Association in relation to the public bathrooms. Councilman StaPleton made a motion Council go into executive session. Time 6:30 p.m. SeConded bY Councilman Kuster. All in favor, Council went into executive session. Council reconvened at 6:50 p.m. whereupon Councilman Stapleton made a motion to adjourn, seconded by Councilman McEachern. Ail in favor, meeting adjourned. -~raine Graves, City Clerk