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HomeMy WebLinkAboutminutes.council.19670717624: July 17, 1967 Aspen City Council Regular Meeting Meeting was called toor~der by Mayor Robert Barnard at 3:35 p.m..with Councilmen David Stapleton, Werner Kuster, William McEachern. Attorney Janet Gaylord and City Administrator Leon Wurl. ~.~ · Accounts payable were given to Councilman Stapleton to check. Councilman Stapleton made ~a motion to approve the minutes of July 5, 1967 as mailed. Seconded by Councilman McEaohern. Ail in favor, motion carried. Ambulance - Mr. Hartzler was present representing the Ambulance board and request Ambulance a donation to the kitty fund from the City for the ambulance to take care of Donation operating expenses. Reported the County has agreed to donate $100.00. Also the ambulance has been completely paid for. Councilman Stapleton made a motion to authorize $100 towards maintenance for the ambulance. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye. Matthew Drug - Carl Bergman was present and request permission for a 24':' overhang Overhang over the sidewalk around Matthew Drug. Showed to Counci~ a sketch of the remodeled Matthew Drug building with the overhang. Councilman Stapleton made a motion that the City authorize Carl Bergman to extend the overhang. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; Stapleton aye; Kuster aye. Coterie, Inc. - Liquor License Transfer - Administrator Wurl reported the Coterie Coterie request Council table this matter until October. Rep%esentatives of the Coterie Liq. Lic. had contacted the Stem and they are agreeable to let the present arrangement continue until fall. Councilman Stapleton made a motion that the Coterie, Inc. be tabled until the next public hearing on liquor licenses. Seconded by Councilman McEachern. All in favor, motion carried. Jerry Brown contract for continued planning was submitted to Council by Administrator Planner Wurl. Total cost to the City $1495.00. Cost of $2167.00 less credit on file Contract J.Brc-~n with the State of $672.00. Councilman McEachern made a motion to authorize the Mayor and CityClerk to execute the Urban Planning Grant Contract with Jerry Brown and the State in the amount of $1495.00. Seconded by Councilman Kuster. Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye. ~.. - Hotel _Jerome - Sales Tax - Finance Director Flewelling reported the amount of Sales Tax sales tax owed is $1170.00, utility bills would have to be written off. Administrator Hotel Jerome Wurl reported the State had settled for 1/2 of the amount due them. Also stated he felt the Institute woul~ settle for 1/2. Councilman Kuster made a motion to authorize Leon Wurl to negoiate for no less than 1/2 of the sales taxes due from the Hotel Jerome. Seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye. The following Resolution was read in full by Administrator Wurl: C lean-Up R E S 0 L U T I 0 N Mr. Meyer WHEREAS, Mr. Guido Meyer was the Chairman of the Clean- Up Campaign in Aspen, Colorado during the Spring of 1967; and WHEREAS, Mr. Meyer donated a great deal of time and effort to said Campaign, and his efforts on behalf of the City have been very effective in helping to clean-up and beautify the City of Aspen; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen, Colorado hereby commends Guido Meyer for his efforts on behalf of the City as Chairman of the 1967 Clean-Up Campaign. DATED THIS 17th DAY OF July , 1967. Councilman McEachern made a motion to adopt the foregoing Resolution. Seconded by ~ Councilman Kuster. Ail in favor, motion carried. Dogs- Leash Law Dogs - Leash Law - Councilman Stapleton outlined the major parts of the new ordinance, as follows: 1. - Broader definition of the words, 2. Change in licensing procedure, 3. - Requirement of a leash, 4. Provision for operating a kennel, 5. - Penalties. i1 Request this be put on the ballot at this November election. Mrs. Gaylord suggest Council pass the ordinance and put pnly the leash requirement on the ballot. Council instructed Mrs. Gaylord to submit a legal opinion to Council at the next meeting on how to proceed to put t~is on the ballot for the November election. ORDINANCE #13, SERIES 1967, AN ORDINANCE AMENDING CHAPTER 4, TITLE X, OF THE ORDINANCES Ord.~13 OF THE CITY OF ASPEN, COLORADO, ?ER~AINING TO TRAFFIC, AND DECLARING AN EMERGENCY Traffic TO EXIST was read in full for the first time by Mayor Barnard. Councilman Stapleton made a motion to ~prove Ordinance ~13, Series 1967 on first reading. Seconded by Councilman Kuster. Roll call vote - Councilmen Stapleton aye; McEachern aye; Kuster aye. City Attorney Attorneys Fees - Administrator Wurl submitted to Council a breakdown of average fees paid to City Attorneys over the last 4 years by the month and year. Mayor Barnard read the following statement and request it be made a part of the City Attorney record as follows: Status Gaylord " I wish to take this opportunity to make my position clear to the public in regard to the current squabble between myself as Mayor, The City Council and Janet Gaylord. It is not my desire now nor has it ever been my desire to usurp Council authority. However, I em bound by oath of office to see that all persons in City government adt in a proper manner. The fact that con- fusion and misinformation is running rampant in' Aspen is due largely to the irresponsible reporting and editorializing by both the Aspen Times and the Aspen Illustrated News. Both of these newspapers should be comdemned for breaking faith-to their reading public. Their attempts to show a rift (which is, of · ~ course, imaginary) between Mayor and Council is damnable! I would like to make it clear at the outset that I have no personal vendetta with Janet Gaylord in spite of what has been said to the contrary. If she has money due her for ser- vices rendered the City, she should be paid and this should be done without delay. The underlying problem is this: a serious mistake was made at the time she was hired. Contrary to state statutes CRS 1963 Chapter 139-4-2 and 139-14-6, she was not named as City Attorney, and her s~lary was not set by ordinance. Instead, she was hired as provisional City Attorney at $15.00 per hour by simple vote of the Council. Therefore, it follows that there is serious doubt now as to whether Mrs. Gaylord is now or ever was truly City Attorney. In checking through City records and ordinances this past two weeks, I have dis- covered that through a similar error the same situation is also true of Leon Wurl. He was never hired as City Administrator by ordinance nor was his salary ever set by ordinance. Therefore, I am now formally requesting that the Council instruct Attorney Gaylord to prepare an opinion as to whether her salary and Leon Wurl's salary must be set by ordinance and whether they must be appointed to their jobs by ordinance duly voted on by the Council. Council and ~ttorney Gaylord should agree on a definite date by which tRis opinion should be rendered by her. Pending Council's decision on the public hearing completed recently~ in fairness to Gaylord, I believe she should be paid all the money due her todate so no hardship is ~ked upon her by the Mayor or Council. However, since there is serious doubt whether she can be ~ai~ these monies as City Attorney~ I suggest that she be paid on the basis that she is in actual fact performing as Special Council for the City. If this course of action is agreeable to Council and Gaylord, I will gtRdly sign her check for services rendered to datein full, provided she will agree to sign a receipt which merely states that neither pmrty waives any rights before the law. If she agrees to this, she should be paid in full immediately. At the last Council meeting, Council requested certain information with regard to average monthly amounts paid to Aspen City Attorneys over the past three or four years. While ~h~se figures are revealing, I think action should be deferred until Council has made a decision in connection with the public hearing concluded recently pertaining to Gaylord. I am extremely anxious to resolve this matter as soon as possible City Att. and with fairness to all concerned. I feel that this controversy Status has had and is having a demoralizing effect on this Administration. Projects that are currently in the works are not receiving our undivided attention because of it. Therefore, I urge Council to settle this matter howsoever it wishes, but in accordance with Colorado State Statutes." /s/ Robert Barnard M.D. Mayor City of Aspen Press also received copies. Mrs. Gaylord stated her salary was set by ordinance in the budget and her salary Attorney Salary could not be changed during her term of office-as an officer of the City according to the State Statutes. Also stated she would not accept payment under any other conditions except as City Attorney. Councilman Stapleton made a motion that Attorney Janet Gaylord submit a written legal opinion as to whether her salary and Mr. Wurls should be fixed by ordinance at the next meeting. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; Stapleton aye; Kuster aye. Historical Society - AdministratorWurl reported he had met with Wendy Morse and King Historical Soc. Woodward and have agreed on the contract. Contract will be submitted to the Council at a later date. Red Mountain Water - Administrator Wurl reported neither Mr. Dale Rea Engineer nor Red Mt.Water himself had had time to check the contracts recived this a.m. Council agreed to adjourn this meeting until Wednesday to review the contract. Also reported the bids on pumps, tanks and controls had been opened. Mr. Rea gave the following breakdown of the bids received. Administ=at~r Wurl request bids be awarded with a one weeks cancellatinn. TANKS (8 weeks delivery) Bids Red Mt.Water Eaton Steel $6899.00 ' Grand Junction Steel 6980.00 Thompson Pipe and Steel 9460.00 PUMPS Miller and Associates' 1477.00 Harry Glass and Associates 1095.00 Clarke Pacific 952.00 Control Sales 1209.00 Hank Thurston 1197.00 C ONT RO L S Goble Sampson and Associates 2977.00 Controls Inc. 3999.00 Mr. Rea made the following recommendations to Council. Recommended Eaton Metal on the tanks in the amount of $6899.00. Miller and Associates on pumps in the amount of $1477.00 unless Harry Glass and Associates could qualify their bid. Request Council postpone award of bid on pumps until the adjourned meeting of July 19th. Recommended Goble Sampson on the controls in the amount of $2977.00. Ail bids .subject to one weeks cancellation. Councilman K~ster made a motion to award the bid for tanks for the Red Mountain Water Award - Tanks System to Eaton Metal in the amount of $6899.00 subject to one weeks cancellation. Seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEachern aye. Councilman Meeaahern made a motion to award the bid for controls for' the Red ~ou~-tain Award -Contr¢ Water System in the amount of $2977.00 to Goble Sampson and Associates subject to one weeks cancellation with 8 weeks delivery. Seconded by Councilman Stapleton. Roll call vote - Councilmen McEachern aye; Stapleton aye; Kuster aye. Bi~ on pumps to be awarded on Wednesday, July 19, 1967. Bids Administrator Wurl request authorization to call for bids for construction of Const. Rd.Mt. 2 booster pumping stations, 2 buried steel tanks and connecting pipe lines for Water August 7 th, 2:00 p.m.M.D.S.T, for the Red Mountain Water System' Councilman Stapleton made a motion to call for bids August 7th at 2:00 p.m., M.D.S.T. for 2 booster pumping stations, 2 buried steel tanks and connecting pipe line construction. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEachern aye. Elay Water Contraett- Copies of the proposed Distributors Contract were submitted Elay Water to Council. Contract Discussed size of line to handle present and future expansion. Elay Corporation could not state what size line they would require, but felt a 12" line would handle the area. ~ Discussed size of line and Cities obligation for pipe line over and above size of line required by Elay Corporation. Contract does not provide for rebates but does provide for the Cities collection of tap fees. Mr. Rea reviewed the contract and stated it was a good contract, but wished to make Council aware the contract does not call for installations meeting City standards. Does call for meeting City standards before conveying line to the City. Elay Corporation Representatives stated the reason for this would be that only a small system (presently on wells) is required at the present time. Estimate will be using City water in approximately 5 to 7 years. Administrator Wurl reported Council should be aware later there may be a different Council and also might be dealing with a water district instead of the present contractor. Council agreed to table action on this contract until the next regular meeting for further study. Jim Blanning offer - Ute Cemetery - Map outlining the area presently fenced Ute Cemetery around Ute Cemetery was submitted to Council by the Engineering Department. Blanning Off. r Area offered by Mr. Blanning included only the graves of the cemetery. Council agreed to authorizei~r. Wurl to mmke a counter proposal to Mr. Blanning of the entire fenced area. North Side Annexation - Petitions and four original maps were submitted to N.S. Annex. Council by the City Clerk. Mr. Wurl reported 51% of the acerage is required Petitions Submitt. d and 77.3% acres were obtained by signers. Total acerage of 288.65 - 224.38 acres signed. Following Resolution was read by Attorney Gaylord: WtlEREAS, a petition for annexation of territory to the City of Aspen was filed with the City Clerk on July 17, 1967, requesting annexation of territory to the City of Aspen, Colorado, which territory is described in Exhibit "A" attached hereto; and WHEREAS, the petition and the document attached thereto meet the statutory requirements of the State of Colorado; NOW, THEREFORE, BE IT RESOLVED that the said petition for annexation shall be and the same is hereby accepted and ordered filed, and Notice over the signatures of the City Clerk of the City of Aspen shall promptly be published for a public hearing to be conducted on August 21, 1967, at 3:30 p.m. according to law. c~unc~lman McEachern made a motion to adopt the foregoing Resolution. ~conded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; McEachern_~%~; Stapleton aye. Councilman Stapleton reported there was an error on the general fund accounts payable - Item #53 - should be $1134.85, City Clerk to check out% Councilman ! ~Acct. Pay. Stapleton made a motion to pay the bills. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; Stapleton aye; Kuster aye. St. Imp. Mr. Wurl reported a letter had been received from Glen Daughtery relating to lack of consideration by the City in construction of streets during the time when the Music School is in operation. Letter from Attorney William Shaw and ;Matthew 0~Block was submitted to Council St. Imp.#67-1 relating to percentage of signers on West End Street for the Street Improvement District. Administrator Wurl reported Bonding Attorney Lamm would submit an opinion on this. Administrator Wurl reported the new police car had arrived. Also Chief Scott police car and Sergeant Drehobl had spent 2 days in Glenwood Springs going over the new childrens law. Mr. Wurl request permission to send 2 presently employed police officers and Training one recently employed to the school in Denver in August. Police Officers Councilman Stapletnn made a motion to authorize $50.00 each to send officers to the Police Officers Training School in Denver. Seconded by Councilman Mc- Eachern. Roll call vote - Councilmen Kuster aye; Stapleton aye; MeEachern aye. Also permission to send 2 po. lice officers for higher police school training at Lawrence, Kansas, cost $65.00 per man plus mileage. CounCilman Stap~ton made a motion to authorize $65.00 per man to send 2 officers to police school in Lawrence, Kansas. Seconded by Councilman MeEachern. Roll call vote - Councilmen,Stapleton aye; McEachern aye; Kuster aye. Gramiger Hans Gramiger was present to discuss his curb cut problem. Case pending in Curb Cut District Court. Administrator WUrl outlined to Council the course of events up to date Councilinformed Mr. Gramiger the maps and specifications for the Street Improvemeng District and the ordinance pertaining to curb cuts have been on file. Beatniks Question was raised and discussed as to what can be done about the bad element of beatniks in town. Beck & Bishop Administrator Wurl reported Mr. Sheehy of Beck and Bishop requests permission Request to put a pop machine on the sidewalk~,in front off,he store. ~ Council agreed there is to be no selling on a public street or sidewalk. Councilman Stapleton made a motion to mdjou=n this meeting until Wednesday July 1~, 1967 at 3:30 p.m. Seconded by Councilman Kuster. All in favor, meeting adjourned at 5:35 p.m. Lorraine Graves, City Clerk ADJOURNED MEETING ASPEN CITY COUNCIL July 197 1967 Meeting was e~alied ,to ~order at 3:45 p~.m. by Mayom Biarnard w,ith Councilmen Stapleton McEachern, Attorney Gaylo~and ~City Administrator Wurl. ~ iApt. Reynolds Administrator Wurl request ~oundit!snapproval to promote Marvin Reynolds from Chief B.Inspec. Deputy Building Inspector to Chief Building Inspector. Mrs. Wurl reported he felt Mr. Reynolds was qualified to handl~the~po~sition~. ~County C~rmnis~sioners are in favor of this change. .... Councilman Stapleton made a motion to hire Marvin Reynolds as full time Building Inspector at a salary of $643.00 per month payable 50% by City and 50% by County. Seconedd by Councilman McEachern. Roll call vote - Councilmen McEachern aye; Stapleton aye; Mayor Barnard aye. ~ Discussed Elay Corppration water contrmct as. relates to installation to City Elay Contrac~ specifications and the timing between signing the contract and actual use of City Water ~ water. Mr. Wurl reported contract provides that notification be given to th-e City each year as to their plans for the forthcoming year. Administrator Wurl reported he had met with King Woodward of the Institute to discuss Jerome Sales Tax the sales tax due from the Hotel~Jerome and agreed on $650.00. Institute,will send an official acceptance to this on the 20th of July. ~ Councilman Stapleton made a motion to suspend this meeting till after the General Meeting with the Board of Adjustment, Planning and Zoning and City Council. Seconded by Councilman McEachern. All in favor, motion carried. GENERAL MEETING Board of Adjustment July 19, 1967 Planning & Zoning City Council .... General Meeting Bd.s & Commiss. Meeting was opened by Mayor Barnard with the following present: Councilman Staple~on Board ofAdjustment Councilman McEachern Irwin Harland, Chairman Steen Gantzel Planning & Zoning Commission Donald Swales Tom Benton, Chairman Heather Tharp Francis Whitaker JerryBrown, Planner George Heneghan Marvin Reynolds, Building Inspector Donald Copelin Roger Mahnke, City Engineer The following items were discussed: Eliminating off-street parking requirement in the Business District. Removal of trees and sidewalks for street paving. Zoning problems as relates to the Board of Adjustment. Past and future cases before the board. Problems of enforeement of the zoning ordinance. Cooperation between all Boards and Commissions. Rights of property owners. General meeting adjourned with all in favor. ADJOURNED MEETING Aspen City Counc.~.l July 19~ 1967 Councilman Kuster arrived. Mayor Barnard called the adjourned Council meeting back to order. Administrator Wurl submitted and req~st approval to pay estimates to Corn Construction Corn Const. under Street Improvement District #66-1. Pay Estimates Councilman Stapleton made a motion to pay Corn Construction final estimate for Street Improvement District #66-1 in the amount of $26,469.40. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEachern aye. Councilman Stapleton made a motion to pay Corn Construction ~ the amount of $3,421.33 which is the adjustment between the paving of First and Second Street to the Brown Ice Palace. Seconded by Councilman Kuster. Roll call vote - Councilmen Stapleton aye; McEachern aye; Kuster aye. 631 ADJOURNED MEETING ASPEN CITY COUNCIL July 19, 1967 Pump Bids Pump Bids - Red Mountain Water System - Recommendations from Dale Rea, Engineer is Item #1 for 15 horsepower pump to Harry Glass and Associates in the amount of $385.00. Item #2 - 20 horsepower pump to MiIler and Associates. Councilman Stapleton made a motion to award Item #1 ~ 15 horsepower pump to Harry Glass and Associates in the amount of $385.00 subject to one weeks cancellation and Item #2 - 20 horsepower pump to Miller and Associates in the amount of $770.00 subject to~ one weeks cancellation, total amount of $1155.00. Seconded by Councilman McEachern. Roll call vote - Councilmen McEachern aye; Kuster aye; Stapleton aye. Administrator Wurl reported the contract on the Red Mountain Water System was not complete at this time. The following Resolution was read in full by Councilman McEachern: ~HEREAS, the City Council of the City of Aspen, Colorado, Transfer of Funds 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 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 $20,000.00 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 $20,000.00 from the Electric Operating Fund to the General Fund. 2. A copy of this Resolution shall be delivered to the City Clerk and the City Treasurer as authority to effect said transfer. DATED THIS 19th DAY OF July , 1967. Councilman Stapleton made a motion to adopt the foregoing Resolution. Seconded by Councilmmn Kuster. Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye. Councilman Stapleton made a motion to adjourn. Seconded by Councilman McEachern. All in favor, meeting adjourned at 5:40 p.m. Lorraine Graves, City Clerk