HomeMy WebLinkAboutminutes.council.19670807 63
.......... R_egular Meeting Aspeh City Council August 7, 1967
Meeting was called to order by Mayor Barnard at 4:05 p.m. with Councilmen Kuster,
McEachern, Clymer and Administrator Wurl. ~ -
Accounts payable were givento Councilman Kuster to check, z-~
Councilman Kuster mad e a motion to approve the minutes as mailed. Seconded by Council-
man Clymer. Roll call vote ~- Counc±l~en K~tar aye; McEa~he~n aye; ~Clymer aye.
ORDINANCE #13, SERIES 1967, AN ORDINANCE AMENDING CHAPTER 4, TITLE X, OF THE ORDINANCES Ord.#13
OF THE CITY OF ASPEN, COLORADO, PERTAINING ~T0 TRAFFIC AND DECLARING AN EMERGENCY TO ~ehicles on Private
EXIST was read in full for the~eco~d time by the City Clerk. Property
Councilman McEachern made a motion to adopt Ordinance #13, Series 1967 as read in
full on second reading. Seconded by Councilman Kuster. Roll call vote - Councilmen
McEachern aye; Clymer aye; Kuster aye.
Mayor Barnard opened the public hearing on amendment to Title XI - zoning relating to
fences. Public Hearing
fences
Letter from the Planning and Zoning CommisSion was read by the City Clerk recommending
Councils approval of this amendment.
Councilman Stapleton arrived. .
ORDINANCE #14, SERIES 1967, AN ORDINANCE AMENDING TITLE XI, SECTION 11-1-9, OF THE Ord.#14 - Service
ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO SUPPLEMENTARY ZONING yard fences
REGULATIONS AND DECLARING AN EMERGENCY TO EXIST was read in 'full fo~ the first time
by Councilman McEachmrn.
Discussed ordinance pertaining to only the C-1 District. Council felt the C-2
District would be taken care of by owners fencing their property for protection.
Under Section 2 of the Ordinance "and C-2" was stricken from the ordinance.
Councilman McEachern made a motion to approve Ordinance 414, Series 1967 on first
reading as amended and read in full. Second'ed by'Councilman Clymer. Roll call vote -
Councilmen Stapleton aye; McEachern aye; Clymer aye; Kuster aye. ~-~
Red Mountain Water - Administrator Wurl gave the following breakdown of the bids ted Mt. Water
for construction of the water line up Red'Mountain. Line ~
Harlan Constructors $111,599.00
Mile Hi Pipeline, Inc. 122,271.90
Western States ConstruCtion Company 132,948.10
Dale Rea, Engineer estimates cost at approximately $60,000.00.
Due to the high bids, Administrator Wurl request Council reject all bids, Mr. Rea
to talk to the low bidder and local contractors.
Councilman Stapleton made a motion to reject any and all bids for construction of the
Red Mountain Water System up to todays date. Seconded by Councilman McEachern.
Roll call vote - Councilmen Kuste~ aye; Stapleton aye; McEachern aye; Clymer aye.
City Attorney - Councilman Stapleton read the following Resolution:
City Attorney
R E S O L U T I 0 N ~-/~ Status
The City Council of the City of Aspen, hereby finds, determines and
declares that the charges and specifications filed against Janet Gaylord dated
June 2, 1967, were in part supported by subs~a~tial evidence and in part not
sustained and on said conflicting evidence find that the charges have not been
sustained and the matter is hereby dismissed.
Councilman Kuster made a motion to adqpt the foregoing Resolution. Seconded by Council-
man Clymer. Roll call vote - Councilmen McEachern 'abstained; Kuster aye; Stapleton
aye; Clymer aye.
Vail Airways - Representatives from the airways were present and request the Cities Vail Airways
support for PUC hearings on their application for service from Denver to Eagle and
Eagle to Aspen.
633
.... ~gular Meeting Aspen City C0un~l August 7, 1967
Vail Airways
Hearings in Aspen approximately August 30th.
Councilman Stapleton request the Chamber discuss this a£ ~heir meeting on
Tuesday and bring s recommendation back to Council. Council agreed to give Vail
Airways an answer at the!next Council meeting on August 21st.
Administrator Wurl reported the curb has been replaced in front of Hans Gramigers
establishment with a cut of 20'.
Gramiger Also stated Mr. Gramiger would like to settle out of court for the damages. City
Curb Cut Attorney request Councils advice on whether or not to file a counter claim for
the damages from the bond money being held by the District Court.
Councilman McEachern made a motion that all present charges be dropped if and when
proper settlement is made with the City. Seconded by Councilman Stapleton.
Council agreed City is to receive money for damages prior to release of money held
by District Court, and the dropping of charges in Municipal Court.
Roll call vote - Councilmen Clymer nay; Kuster aye; Stap~ ton aye; McEachern aye.
Board of Examiners and Appeals - Appointments - Councilman Stapleton made a motion
Bd. of Examiner to appoint G. K. Holloway back to the Board of Examiners and Appeals as the electric-
&Appeals Appt. lan. Seconded by Councilman McEachern. Ail in favor, motion carried.
Councilman Clymer made a motion to appoint Chuck Collins as the engineer on the Board
of Examiners~ and Appeals. Seconded by Councilman Stapleton. Ail in favor, motion
carried.
Councilman Stapleton~made a motiom-to appoint Peggy Coble, County Clerk as Ex-Officio
Peggy Coble to the City Clerk for election registration purposes. Seconded by Councilmmn Kuster.
Ex-Officio to All in favor, motion carried,
City Clerk
Councilman Kuster made a motion ~to pay ~the bills as ~submitted. Seconded by Councilman
McEachern. Rol 1 call vote - Councilmen Stapleton aye; McEachern aye; Kuster aye;
Clymer aye.
Election Wards - Councilman McEachern made a motion to extend the division between
Election Ward I and Ward II.south to the C:ity limits on Monarch Street due to the South
Wards Side Annexation. Seconded by Councilman Stapleton. Roll call vote - Councilmen
Kuster~aye; Stapleton aye; Clymer aye; McEachern aye.
The following opinion was read by the City Clerk:
Leash Law Dear Mr. Stapleton:
Elec. Ballot
You requested, at the July 17, t967, Council meeting that I inform you of the
procedures for submitting the leash law to the people on the November ballot.
There is a provision in the statutes providing for placing on the ballot the
questions which have been submitted by the people through the initiative and ref-
erendum procedure. However, this requires that a petition be submitted regarding
some proposed ordinance to the Council. ,.
Since this is not the case here, we may proceed in one of tWO ways. We may submit
the question at the November election, for approval of the people. There is no
statutory authority for this method, and the people's mandate would not be binding
on the Council. ~Since the problem is merely to determine the opinion of the
electorate, the same result could, be'accomplished by sending~out a questionnaire
or sample ballot to the electorate, at any time. This might be done, for instance,
by sending out the questionnaires~with the water bills.
..... ~ '. ~ , /s/ Janet K. Gaylord ~
City Attorney
Discussed leash law in the business district, entire town or not at all. Mr. Wurl
reported on the Citizens~Questionnaire 119 were in favor of a leash law,~102 not
in favor.. ~ '~- ~, ,
Councilman Stapleton stated his recormnendati~n stated other things besides the leash
law - kennels, penalties etc.
.......................... ~gular Meeting Aspen City Council Augus~ 7_~_!~!
Councilman Stapleton made a motion that the dog leash law be put up to the electorate Leash Law
at the November election of 1967. Seconded by Councilman Kuster. Roll call vote -
Councilmen Clymer aye; McEachern aye; Kuster aye; Stapleton aye.
Water - Mr. Wurl reported if Ordinance #15 is passed as submitted income will be
reduced for the remainder of 1967 by $2900.00. Over a 12 month period income will be leduce Rates
reduced by $9500.00. Problem arose when some flat rat~bills were lower than the Water
irgigation charges.
ORDINANCE #15, SERIES 1967, AN ORDINANCE AMENDING CHAPTER 3, TITLE III, OF THE
ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO WATER DEPARTMENT AND DECLAR- Ord.#15, Water
ING AN EMERGENCY TO EXIST was read in full for the first time by the City Clerk.
Councilman Kuster made a motion to approve Ordinance #15, Series 1967 on first reading.
Seconded by Councilman Stapleton. Roll call vo. te - Councilmen Clymer aye; Kuster aye;
~Stapleton aye; McEachern aye.
Legal Opinion as relates to the City Administrator and City Attorneys salary was read Salaries
by Administrator Wurl. Attorney &Admin.
ORDINANCE #16, SERIES 1967, AN ORDINANCE REPEALING TITLE I, CHAPTER 18, OF THE
OFFICIAL CODE OF ASPEN, COLORADO, RELATING TO PERSONNEL~ AND READOPTING WITH AMENDMENTS Ord.#16
CERTAIN PORTIONS THEREOF RELATING TO THE PAY SCHEDULE AND POSITION CLASSIFICATION AND Salaries
DECLARING AN EMERGENCY TO EXIST was read in full by the City Clerk for the first time.
Councilman Kuster made a motion to approve Ordinance #16, Series 1967 as read in full
for the first time. Seconded by Councilman McEachern. Roll call vote - Councilmen
McEachern aye; Kuster aye; Stapleton aye; Clymer aye.
Council request Administrator Wurl have Janet Gaylord submit all her bills up to
the present time.
Councilman Kuster made a motion to set the date for public hearing on the 1968 budget Budget
for September 18th at 3:30 p.m. Seconded by Councilman Stapleton. Ail in favor,
motion carried. ·
Budget recommendations will be ready for Council the first meeting in September
reported Administrator Wurl. Council agreed to have 2 work sessions on the budget -
one on the 14th of August and one on the 28th of August at 3:30 p.m.
Councilman Kuster made a motion to hold the first meeting in September on the 5th Sept.Meeting
Tuesday at 3:30 p.m. due to Labor Day. Seconded by Councilman McEachern. Ail in favor,
motion carried.
Councilman Kuster made a motion to set the date for hearing on the Centre of Aspen Centre of Aspen
liquor violations for August 28th, 3:30 p.m. Seconded by Councilman Stapleton. Hearing
Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye; Clymer aye. "Daisy Duck"
City Clerk reported the Daisy Duck has applied and filed a change in flame.
Elay Water Contract - Administrator Wurl outlined the changes made in the contract as Elay Water Contra~
per Councils recoman~ndations. Councilman Stapleton made a motion to approve the Water
Distributors Contract with Elay Corporation and authorization for the Mayor and City
Clerk to sign the contract. Seconded by Councilman McEachern. Roll call vote -
Councilmen Kuster aye; Clymer aye; McEachernaye; Stapleton aye.
Administrator Wurl request authorization for Richard Flewelling = Finance Director = Jerome Sales Tax
to bid on the trampoline at the sales tax auction at the Hotel Jerome. Councilman Auction
McEach~rn made a motion to authorize Mr. Flewelling to bid on the trampoline not in
excess of $200 at the Hotel Jerome auction. Seconded by Councilmam Kuster. Roll call
vote - Councilmen Stapleton aye; McEachern aye; Clymer aye; Kuster aye.
Citizens Questionnaire - Administrator Wurl submitted tabulation of the questionnaires Questionnaire
as mailed out to the citizens.
Pay estimates to Valley Paving were submitted by Administrator Wurl for the months St.Imp.#67-1
of June and July in the amount of $79,562.84. Wurl reported construction on the first Pay Estimate
phase is behind 8 days. Council request Administrator Wurl talk to Valley Paving on
this problem.
635 '
Regular Meeting AsPen City C0unc~l ~ August 7,.1967 ~
Pay Estimates Councilman Sta~leton .made a ~motion to approve the pay estimates for Street Improve-
~j67-1 ment District ~J67ml for construction completed through July 1st of $79,562.84 to
~ Valley Paving Company. Seconded by Councilman Clymer. Roll call vote - Council-
men McEachern aye; Kuster aye; Stapleton aye; Clymer aye.
Administrator Wurl reported the two officers who attended the Kansas Police Academy
did very well on their scores.
Administrator Wurl read correspondence from Tallmadge, Tallmadge, Willson and Larmn
0'Blcok Complaint as relates to complaint by Mr. O'Block on the percentage of sig~ers for paving
~67-1 West End Street.
*Correction Also stated the Bonding Attorney previously felt 50% of signers was necessary,
now feels 51% is necessary. Bonding Attorney felt the complaint was not warranted
due to being submitted after the hearing on the district and the creation of the
district.
~st End St. Councilman Clymer made a motion to include 2 blocks on West End Street in Street
Improvement District ~j67-1 because of the reasons outlined in the letter dated
July 20, 1967 from Tallmadge, Tallmadge, Willson and Lamm. Seconded by Council-
~ man Kuster. Roll call vote - Councilmen McEachern aye; Stapleton aye; Kuster aye;
C lymer aye.
Mayor Barnard brought to Councils attention a proposal from Planning and Zoning
Parking C-1 DistrJ zt for public hearing to remove off-street parking requirement in the C-1 District.
Present ordinance is stifling building in the business district.
Tow Away Lou Wille was present jnd request relief from the ~ow away zone. Feels the
tourist district should be treated the same as the business district.
Malls Discussed malls and keeping all cars out of the ~o~town RCea~-~.
Filter Plant Administrmtor Wurl reported James Markalunas had passed the D & C Filter Plant
Operators Test~
Administrator Wurl request authorization to install 13 cross pans to be installed
~ Cross Pans by the curb and gutter man of the Street Improvement District at $.87 per foot.
Estimate cost at $5,371.00.
Councilman Stapleton made a motion to authorize Administrator Wurl to install 13
cross pans. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster
aye; Stapleton aye; Clymer aye; McEachern aye.
Administrator Wurl submitted a proposal for off-street parking facility by Philips,
Parking Facility Carter and Reister. Council request this be put on the agenda for the next
Council meeting.
Councilman McEachern made a motion to adjourn at 6:40 p.m., seconded by Councilman
Stapleton. Ail in favor, meeting adjouned.
Lorraine Graves, City Clerk
*Correction ~tmdlsgated the Bonding Attorney previously felt 50% of signers was necessary,
now feels a majority is necessary. Bonding Attorney felt the complaint was
not warranted due to being submitted after the hearing on the district and
the creation of the district. ~
Lorraine Grqves, City Clerk