HomeMy WebLinkAboutminutes.council.19670905 64-9
Regular Meeting Aspen City Council September 5, 1967
Meeting was card to order at 3:.35 p.m. by Mayo~r Robert Barnard w~th Councilmen
Werner Kuster, WilliamMcEachern, and Administrator Leon Wurl.
Discussed Vail Airways Resolution as prepared. Council agreed to eliminate Paragraph
2 as relates to the services of Aspen Airways.
Mayor Barnard read the following ResolUtion in full:
No.,22, Series 1967
WHEREAS, major expansion is underway in the Aspen area
Vail Airways for skiing, for recreation, and for other purposes that will
necessitate the rapid and efficient transportation of thousands
of new visitors each year and because of Aspen's location, a
substantial part of this increased traffic must be by air;
THEREFORE, BE IT RESOLVED, by the City Council of the City
of Aspen, that this Council do urge the Public Utilities Com-
mission of the State of Colorado to use itc Regulagory Author-
ity under conditions that will:
1. Take into account the particular and peculiar necessity
of adequate air transportatiOn gm the Aspen area, weather and flying
conditions into Aspen, extreme seasonal fluctuations in traffic
and its character as a resort and recreation area.
2. Recognize and take info account the substantial expansion
of facilities now under way and the constantly increasing use
.~ _ ,'of:existing facilities and the neeessity of~greatly enlarging ·
air transportation, increasing efficiency, providing adequate,
safe equipment and providing efficient transportation service
~ ..... at p~iees that .are ~omparable to those, charged, in other~ ar.cas of .~
the country for similar~distlances.- ,.- ' .,
BE IT FURTHER RESOLVED that this Council take this means
of informing the Public Utilities CoLm~Lission that it has, by
fo.rmal motion duly made ~ndqcazri~e~ expressed its support of
Vail Airways, Inc., in its presently pending application for
authority to provide scheduled air transportation between the
~'~ Eagle County Airport and Aspen, and scheduled one-stop through
service between Denver and,Aspen~ via the Eagle County airport.
Councilman McEachern made a n lotion to adopt the foregoing Resolution #22, Series 1967,
seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; McEachern aye;
Mayor Barnar~:-~ye.~ ~., . : ,.- ~ - .~ , ~, ~.. .
Councilman Clymer arrived -
Mayor Barnard read the following Resolution No. 20, Series 1967 in full:
David Stapleton .. ~ - ,.~ ~,. .: ...
Resignation R E S O ~ ~ ~ ~ ~ ~
No. 20, Series 1967
~ . WHE'REAs,:DAVID E:.. S~APLETON, has fo,= the.p.ast four yea~s
faithfully served the City of Aspen in the capacity of City
Councilman, and
WHEREAS, the service of DA¥ID E. STAPLETON has been unselfish
and unstinting; and
~HEREAS, such service has resul~tedin the~orde~l~y ~growth
and continued prosperity of the City of Aspen and has naturally
contributed~o the accomplishment of the,goals~an~.programs of
the City of Aspen; now
,THEREFORE-, BEIT RESOLVED ,thatthis~ReSolution~con~nending
the service of David E. Stapleton to the City of Aspen be spread
.... upon the Public, Records of said C,%tyof.Aspen and a copy be
presented to David E. Stapleton as evidence of the appreciation
of the City of Aspen for his service.
Councilman McEachern made a motion to adopt Resolution No. 20, Series 1967 as read
in full. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye;
Kuster aye; Clymer aye; Mayok~rBarnard aye..
Mayor Barnard.presented,-the framed formal Reso.lution.~to, ex-councilman David E. Stapleton
650
...................... _R~_~ular Meeting Aspen City Council ~S.~_te.m_b~? 5, 1967
Councilman Clymer m~de a motion to approve the~minutes of August 21 and 28th as mailed.
Seconded by Councilman Kuster. Ail in favor, motion carried.
ORDINANCE # 16, SERIF~ 1967, AN ORDINANCE AMENDING CHAPTER 18, TITLE I, OF THE OFFICIAL
CODE OF THE CITY OF ASPEN, COLORADO, PERTAINING TO PERSONNEL, AND DECLARING AN EMERGENCY Ord.#16
TO EXIST was read in full for the second time by the City Clerk. Salary Sched.
Councilman Kuster made a motion to adopt Ordinance #16, Series 1967 as read in full for
the second time and ordered it published. Seconded by Councilman Clymer. Roll call
vote - Councilmen Kuster aye; Clymer aye; McEachern aye.~
Vacancy of Councilman - Carl Bergman was present. Mayor Barnard stated Council was
Council Vacancy
unanimously in favor of having Mr. Bergman take over the rest of the.term of Stapleton.
Mr. Bergman stated he was quite involved in other things but would take over the
Carl Bergman
position until the end of the term. Appoint.Councilma
Councilman Kuster made a motion to nominate Carl Bergman to the vacancy on Council
created by resignation of Mr. Stapleton. Seconded by Councilman McEachern. Roll call
vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Mayor Barnard aye.
Curb Cut
Earl Schennum request - Marvin Reynolds, BuildiBgInspector, reported Mr. Schennum Schennum
would like to start a ramp at the curb down to his garage in the basement.
Discussed the problem when City puts in sidewalk. Councilman Kuster made a motion
Earl Schennum's request for using City property for a ramp be denied. Seconded by
Councilman Clymer. Roll call vote - Councilmen McEachern aye; Clymer aye; Kuster aye.
Joyce McDonald request to install fence on City property. Councilman Kuster made a
motion to deny the request of Joyce McDonald to build a fence on City property. Second- Joyce McDonald
Fence
ed by Councilman McEachern. Roll call vote -,Councilmen Clymer aye; KUster aye;
McEachern aye.
ORDINANCE #17, SERIES 1967, AN ORDINANCE AMENDING CHAPTER 12, TITLE I, OF THE OFFICIAL Ord.#17
CODE OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE CITY ATTORNEY AND DECLARING
AN EMERGENCY TO EXIST was read in full for the second time by the City Clerk. City Attorney
Councilman McEachern made a motion to adopt Ordinance #17, Series 1967 as read in full
for the second time and order it published. Seconded by Councilman Clymer. Roll call
vote - Councilmen Kuster aye; McEaChern aye; Clymer aye.
Council representative to the Planning and Zoning Cormmission - Councilman Kuster made
]ouncil Rep.
a motion to appoint Councilman Clymer to the Planning and Zoning CoLm~ission to replace P & Z
Councilman McEachern. Seconded by Councilman McEachern. ~llin favor, motion carried.
Council Rep.
Council representative to the Chamber - Councilman MeEachern made a motion thatDr. Chamber
Barnard represent Council on the Chamber. Seconded by Councilman Kuster. Ail in
favor, motion carried
Councilman McEachern made a motion to pay the bills as submitted. Seconded by Council-
Bills
man Kuster. Roll call vote - Councilmen McE~chern aye; Clymer aye,; Kuster aye.
BSds Red Mountain Water System for pipe and fittings were submitted as follows by Red Mt. Water
Administrator Wurl:
Griffin Pipe Products Company $22,128.22
United States Pipe & Foundry 23,679.93
Pacific States Cast Iron Pipe 21,784.11
Councilman Kuster made a motion to award the bid for pipe and fittings on the Red
Mountain Water System to Pacific States Cast Iron Pipe Company in the amount of
$21,784.11. Seconded by Councilman McEachern. Roll call vote - COuncilmen Clymer aye;
McEachern aye; Kuster aye.
Mr. Carl Bergman was sworn in by City Clerk Lorraine Graves and took his seat on the
Council.
Budgets - Administrator Wurl submitted a l~st of cuts made in the budget for 1968.
Budgets
Also reported the Chamber does not want the bed tax raised, are thinking of raising
the dues.
651
Regular Meeting ~ Aspen City Council September 5, 1967
Budgets Councilman Kuster questioned why the alleys are not being Paved. Administrator Wurl
reported the funds are just not available for these type of improvements in 1968.
Also informed Council that serious consideration should be given to additional sources
of revenue. Discussed mill levy, sales tax and the increase in revenue expected after
changes are made in present sales tax ordinance from liquor sales.
Sales Tax Mayor Barnard Ceported the City did have an elehti6~ on the sales tax and all that is
presently reqMired is to conform our sales tax ordinance to that of the States.
Discussed the effect on the C£ty"if County puts in a sales t'ax.
The fo~owing letter was read by Mayor Barnard and requested it be made a part of the
minutes:
Gentlemen:
I am in receipt of a letter from Mr. Wurl dated August 9 in which he states that he
Cuty Attorney has been instructed by t~e City council to inform me that it will be no longer necessary
Problem for me to do any ~rk in connection with the revision of our sales tax ordinance,
since Charles Stewart has been retained as special counsel to handle the matter.
When the Council went into ~xecutive session at 6:25 p~m., there was no mention of
the fact that the regular meeting would later be resumed. The intent of the
statutes requiring public meetings is that the public shall be informed of the
meeting and be given an opportunity to witness the deliberations of its elected
officials. Obviously, you thwarted that intention by your unusual procedure, and the
validity of any action taken after you purportedly resumed the regular council
meeting is open. to serious question.
Furthermore, the ordinances of the City of Aspen provide that the City Attorney shall
prepare all ordinances. To assign special counsel to prepare an ordinance which I have
already prepared, and which is in the hands of the State for approval, is a waste
of the City's money and an illegal diversion-of the usual and customary duties of
the City Attorney. I recall that the Mayor accused me of collaberation with Francis
Whitaker in an attack on our sales tax ordinance. This is not true, and if you will
consult the minutes of the Council Meeting of Jun~ 19~i'1967, yOu-wilt find a letter
from me to the Council giving advice regarding our sales tax. By reading this
letter in public, which was not necessary, the Mayor caused it to be printed in the
council minutes. These minutes are automatically~sent to Mr. Whitaker as a member
of the Planning and Zoning Cormmission. If you will re-examine Mr. Whitaker's letter
you will find that he quoted word for word from the council's minutes. This does
not constitute collaberation between myself and~Mr. Whitaker.
it is patent that you Rave ~esumed your'former course of action in attempting to
accomplish ~ndirectIy that'~which you havebeen dnable to accomplish by direct and
lawful means~ You leave me ~o recourse except resumption of action to force you to
adhere to your~Iawful l£mitRtions.
/s/ Janet Gaylord
Mayor Barnard Stated under City Ordinance~ 1-12-2 (f) Council may retain~special
counsel. Also on August 28, 1967 Mrs. Gaylord~was asked if she would accept the
position of City Attorney under the new ordinance and she advised Council she
presently is City Attorney. Apparently she do~s not plan to accept the job as
established under the new ordinance reported Mayor Barnard.
Administrator Wurl request Councils instruction as to who should be retained for
legaI services on irmmediate problems facing the City.
Councilman Clymer made s motion to authorize Administrator Wurl to retain special
Specil Counsel counsel whenever he so needs. Seconded by Councilman McEachern. Roll call vote
Councilmen Clymer aye; McEachern aye; Kuster aye; Bergman aye.
Bill Dunaway questioned if Council had asked Mrs. Gaylord to handle these problems.
Mayor Barnard stated the City cannot trust the opinions of Mrs. Gaylord anymore.
Councilman McEachern stated the'City'requested Mrs. Gaylord to work-on the sales tax
ordinance several months ago and which is still not complete.
Maroon Creek Gauging Stations on Maroon and Castl~ Creek. Administrator Wurl reported cost of the
Castel Creek stations would be $3500.00. This needs to be done to help retain the Cities water
rights.
652
Regular Meeting Aspen City,Council September 5, 1967
Councilman Kuster made a motion to table the gauging stations, ~o~d~d by Councilman
Clymer. Ail in favor, motion carried. -
" :,, St. Imp. _
The following pay estimate~ ~re s~bm'itted to Council by'Administrator Wurl: , Pay Estimates ~
Street Improveme~ DiJt¥~t #67-1 $89,096'.i~ ......
Second Street & Highway Extension .-- 12,104..62 .. ~
Councilman Kuster made a ~otf~h'-t6 authorize payment to Valley Paving for Street
Improvement District #67-1 in the amount of $89,096.28~. Seconded by Councilman
Bergman. Roll call vote - Councilmen McEachern aye; Bergman aye; Kuster aye; Cl~er aye ·
Councilman Kuster made '~ti~n to authorize payment on Second Street and Highway
Extension in the amount of $12,104.62 to Valley Paving. Seconded by Councilman Clymer.
Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Bergman aye.
Administrator Wurl shbmitted letter from Department of Housing and Urban Development
relating to withdrawl of assistance on underground .parking nntil City makes a ~omplete Underground Park.
applicatinn. ~ ...... ~ ~.
Administrator Wurl reported ~a hr.' Samuel Lipman request payment of bills amounting Rec. Program
to $58.00 due to a ball from Wagner Park hitting his car. Discusped the lack of
insurance carried 'by theRedr~ation Program to cover this. Complaint
Council instructed Administrator Wurl to check with the Wagner Park Committee to see
if they will pay this.
Council agreed to authorize Administrator Wurl to correspond with the Senators
and Congressmen as relates to a grant for the filter plant and reservd, ir.
Councilman Clymer reported a citizen forced his way into the dump on Labor Day.
Administrator Wurl reported the alley behind 'the Post Office has been staked.
Schedule
Letter from Planning and Zoning Commission was read by Mayor Barna~d requestSng Public Hearing
Council schedule a public hearing on amendments to the zoning ordinance as held bY
Planning and Zoning on August 16, 1967. ' Zoning Amend.~
Council also discussed als0 in61uding at this hearing the Jmendments for a hearing
to be held by the Plan~ng and ~Zoning p~.September 13~ 1967.
Councilman Kuster made J mo. tion to hold a~special meeting for ~he public hearing
on September 25, 1967, 3{30 p.m.,~City Council Chambers for amendments to the zoning
ordimance as follows: maximum size of letters in signs; off-street parking require-
ments in the C-1 District; parking as relates to dwellings and accommodations in the
C-1 District and AR-1 District; 'C-lA,DistriCt and notificatimn to property owners~
on appeals to the Board of Adjustment. Seconded by Councilman C!ymer. Ail in fgvor,
motion carried. ~
Councilman Kuster made a motion to ratify all actions taken at the last council
meeting. Seconded by Councilman McEachgrn. Roll call vote - Councilmen Bergman aye;
Kuster aye; McEachern aye; Clymer aye.
City Clerk submitted statement to Mrs. Gaylord from Michie Company for supplements Supplements to.
to Municipal Corporations bY Yokley. Bks. City Clerk
Councilman Clymer made a motion to pay the statement for $15.00 to Michie Company.
Seconded by Councilman Bergman. Roll.call vote r ~ouncilmen Kuster aye; McEachern aye;
Bergman aye; Clymer aye.
City Clerk submitted application from Dr. and Mrs. Ledingham of the Timberridge Dorm Rooming~House
for rooming house license. ~ Lic.
Councilman Kuster made a motion to approve the application for~rooming house license
to Dr. and Mrs. Gordon Ledingham. ~econded by Councilman Bergman. All in favor,
motion carried.
Councilman Kuster made a motion to adjourn at 5:35 p.m., seconded by Councilman
Bergman. Ail in favor,.meeting adjourned.
' , ' y Clerk