HomeMy WebLinkAboutminutes.council.19680401 Regular Meeting Aspen City Council April 1~ 1968
Meeting was called to order by Mayor Robert Barnard at 3:35 p.m. with Councilmen
Bergman, Kuster, Benninghoff, Clymer and Administrator Wurl.
The accounts payable were given to Councilman Kuster to check.
Councilman Kuster made a motion to approve the minutes of March 18, 1968 as mailed.
Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Benninghoff
aye; Bergman aye; Clymer aye.
ORDINANCE ~7, SERIES 1968, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF
Ord. #7 Adkins ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARILY DESCRIBED
Annexation IN THIS ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO, was
read by title only by the City Clerk as agreed by Council on second reading.
Attorney Fitzhugh Scott III arrived.
Councilman Bergman made a motion to adopt Ordinance #7, Series 1968 on second reading
and order same published. Seconded by Councilman Bergman. Roll call vote - Council-
men Bergman aye; Kuster aye; Benninghoff aye; Clymer aye.
Petition - Police Magistrate - Petition bearing 369 signatures entitled: "The
i Police Magistrate undersigned ask for the resignation of Police Magistrate, Guido Meyer, and ask the
~ Petition - Guido City Council to hereafter appoint an attorney to the post of Police Magistrate", was
submitted by Bruce LeFavour.
Also reported these people felt Mr. Meyer to be unfit for the position - lack of
knowledge as far as court procedures and lack of fairness~
Councilman Bergman gave the opinion he felt Mr. Meyer should be kept dn for additional
time in order to give him a fair chance.
Regular Meeting Aspen City Council ~pril 1, 1968
Councilman Kuster felt he had been elected by~ the people to run the City and does Magistrate Guido
not feel the Council should run the City by petition. Dim view of petitions.
Mayor Barnard pointed out when the position was filled, Council was interested in
finding someone who would be tough.
Councilman Benninghoff stated he felt there was not enough justification for asking
for Mr. Meyer's resignation.
Attorney Scott pointed out to Council if the Council wished to ask for Mr. Meyer's
resignation, a public hearing would have to be held.
The following Resolution was read by Mayor Barnard:
RESOLUTION
BE IT RESOLVED by the Pitkin County Bar Association that the
Association re-affirms its position that the City Magistrate of the City of Aspen,
Colorado, should be an attorney licensed to practice law in the State of Colorado.
BE IT FURTHER RESOLVED that the P~itkin County Bar Association
upon the request of the Aspen City Council will make available the names of lawyers
who are willing to so serve. Carried by unanimous vote of those present at the
April 1, 1968 meeting of the Pitkin County Bar Association.
/s/ Ronald D. Austin
Secretary
Attorney Scott pointed out to the Council, he had submitted to Magistrate Meyer
a basic procedure for him to follow in Police Magistrates Court.
Chief Marion Scott related to Council he felt Mr. M~yer had improved in his procedure
in court and his attitude.
Councilman Clymer stated~ he felt the City should give Meyer a little more help and
another chance.
Mr. LeFavour quoted what Mr. Meyer had said on an occasion. Mr. Meyer had said if 6,
a person is brought into court by a police officer he has to be guilty or he would
not have been arrested. Also h~ had no use for technicalties.
Councilman Clymer made a motion to chose not to ask for Mr. Guido Meyer's resignation Motion - Guido
and further give Guido Meyer a vote of confidence. Seconded by Councilman Benninghoff
Roll call vote - Councilmen Bergman aye; Benninghoff aye; Kuster aye; Clymer aye.
C-iA District - Administrator Wurl reported a recommendation from the Planning and C-IA District
Zoning had been submitted requesting the City Council adopt the original proposal
for C-iA District. Also reminded Council this would be the area which was
considered prior to the North Side Annexation. Further, the fact that if a gasoline
station wished to locate in this area or district , public hearing by the Board of
Adjustment woul.d have to be held on the application.
ORDINANCE f~31, SERIES 1967, AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, PERTAINING Ord. f~31
TO ZONING OF THE CITY OF ASPEN, COLORADO, AND DECLARING AN EMERGENCY TO EXIST was C-iA NOT adopted
read by title only by the City Clerk as agreed by Council, on second reading.
Councilman Benninghoff made a motion to NOT approve Ordinance f~31, Series 1967 on
second reading. Seconded by Councilman Bergman. Roll call vote - Councilmen
Bergman aye; Clymer aye; Benninghoff aye; Kuster aye.
Attorney Scott left Council Chambers.
Dump Maintenance Bids - BreaRdown of the bids was submitted by Administrator Wurl as Bids - Dump
fo llows: Ma in t.
George McCune $1285 per month
Robert Buffington Not Specification Bid
Frank Bishop $1550 per month
G. K. Holloway $1580 per month
Larry Woolley $1575 per month
Administrator Wurl pointed out to Council the lowest bid is over what has been budgetE ~
for this expenditure. Also stated the County Commissioners had accepted Mr. McCune's
bid, contract to run until January 1, 19~0. McCune would not be living on the premise
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Vehicles - Dump Discussed fencing the towed vehicles to eliminate stripping of these vehicles and also
discussed keeping a dog inside the fenced area.
Councilman Clymer made a motion to accept McCune's bid of $1285.00 per month till
January 1, 1970. Seconded by Councilman Benninghoff. Roll call vote - Councilmen
Kuster aye; Benninghoff aye; Clymer aye; Bergman aye.
Gasoline Bids Gasoline Bids - A breakdownwas submitted by Administrator Wurl as follows:
Regular Premium Diesel #1 Diesel #2 Diesel #3
American Oil .1455 .1755 .1380 .1280 .1280
Continental 1459 .1773 .1487 .1389 .-0-
Humble 1555 -0- -0- .1265 -0-
Sinclair 1571 .1771 .1449 .1349 -0-
Texaco 1600 .1800 .1375 -0- -O-
Chevron 1660 .1910 ~1449 .1349 -O-
Mobil 1701 .2051 .1625 .1525 -0-
Bid would run from April 8, 1968 to April 8, 1969.
Councilman Kuster made a motion to accept the bid of AMerican Oil. Seconded by
Councilman Bergman. Roll Call vote - Councilmen Clymer aye; Kuster aye; Bergman aye;
Benninghoff aye.
Advertising Bid~ AdvertiAing Bids - Mr. Wurl reported bids are being called for APril 15th.
Dunaway of the Aspen Times stated he would like the City to accept the low bid which
was accepted by the County since those bids were submitted the first of the year. Would
be willing to make the bid rectro-active to the first of the year for the City.
Mr. Pabst of the Illustrated News request Council award bids on a round robin basis.
State Statutes sets a maximum figure and this is what the City has been paying. Do not
agree with putting this out for bid.
Councilman Clymer made a motion to authorize Leon Wurl to call for bids on legal
advertiiing. Seconded by Councilman Kuster. Roll call vote - Councilmen Benninghoff
aye; Bergman aye; Kuster aye; ClYmer aye.
Tree offer - The Pitkin CRunty Park Association wa~ld like to plant 38 trees, financial
Trees - Main backing in the amount of $2,576.00 from Mrs. Bruce Irwin. Also submitted a map showing
Stree where the trees need to be planted. Property owners would have to maintain the trees,
although they were not contacted~.
Councilman Bergman made a motion Council suggest to the Park Association they contmct
the property owners and suggest approval of locations from the City Engineer. Seconded
by Councilman Benninghoff. Roll call vote - Councilmen Kuster aye; Benninghoff aye;
Bergman aye; Clymer aye.
City Tree Program - Mr. Wurl reported in 1966 the City sold 210 trees and in 1967 - 248.
Tree Program Council agreed in the business district where there is~heavy pedestrian traffic, larger
trees should be planted. Administrator Wurl suggest the City not restrict planting
of trees on City property.
Councilman Bergman made a motion the City offer the tree program for 1968. Seconded by
Councilman Clymer. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clyrmr aye;
Kuster aye.
Ord.#il P.&Z ORDINANCE #tl, SERIES 1968, AN ORDtNANCE AMENDING TITLE II, CHAPTER 1, PERTAINING TO
members THE CITY PLANNING COMMISSION OF THE ORDINANCE OF THE CITY OF ASPEN, COLORADO was read
in full for the first time by the City Clerk.
Councilman Bergman made a motionto approve Ordinance #11, Series 1968 on first reading
and order same published. Seconded byCouncilman Clymer. Roll call vote - Councilmen
Kuster aye; Clymer aye; Benninghof f aye; Bergman aye.
ORDINANCE #12, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 13, ADMINISTRATIVE,
Ord. #22 Deputie OF THE ORDINANCE OF CITY OF ASPEN, COLORADO was tabled on first reading.
Clerk,Trea .Attor
Administrator Wurl pointed out the deputys mentioned in the ordinance, if already
employed by the City would not receive additional salary. Discussed approval by Council
before the appointment took effect.
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Regular Meeting Aspen City Council April 1, 1968
ORDINANCE ~13, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 16, OF THE ORDINANCES Ord.#13 Assist.
OF THE CITY OF ASPEN, COLORADO, PERTAINING TO CITYADMINISTRATOR OF THE CITY OF ASPEN, Admin.
COLORADO was read in full for the first time by the City Clerk.
Administrator Wurl pointed out there would be no additional salary for this position.
Councilman Kuster made a m~tion to approve Ordinance #13, SeRies 1968 as read for the
first time and order the same published. Seconded by Councilman Benninghoff. Roll call
vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye.
ORDINANCE ~14, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 10, CITY CLERK, OF )rd. #14 City Cler]
THE CITY OF ASPEN, COLORADO was read in full for the first time by the City Clerk. ~liminate finance
Council questioned the City Clerk if this would be agreeable. City Clerk stated this
responsibility had been transferred some time ago but the ordinance had never been
changed.
Councilman Clymer made a motion to approve Ordinande #14, Series 1968 on first reading
and order same published. Seconded by Councilman Kuster. Roll call vote - Councilmen
Benninghoff aye; Bergman aye; Kuster aye; Clymer aye.
ORDINANCE #15, SERIES 1968, AN ORDINANCE AMENDING TITLE III, OF THE ORDINANCES OF THE )rd. #15 creating
CITY OF ASPE, COLORADO , PERTAINING TO DEPARTMENTS OF THE CITY OF ASPEN, COLORADO, was finance dept.
read in full for the first time by the City Clerk.
Councilman Benninghoff made a motion to approve Ordinance #15, Series 1968 on f~rst
reading and order same published. Seconded by Councilman Bergman. Roll call vote -
Councilmen Kuster aye; C~ymer aye; Bergman aye; Benninghoff aye.
Janet K. Gaylord Case - Councilman Kuster made a motion to authorize a check in the :heck - Gaylord
amount of $3500.00 to Mrs. Janet K. Gaylord in full settlement of Civil Action No. 3772.
Seconded by Councilman Benninghoff. Roll call vote - CoUnCilmen Clymer aye; B~rgman aye;
Kuster aye; Benninghoff abstain; Mayor Barnard aye.
Sales Tax - Administrator Wurl reported the County Commissioners would like to meet with County Sales Tax
the City Council for lunch on Monday, April 8th, to discuss the over all tax situation.
Mr. Wurl also reported the results of the questinnnaires~eh~do~i~byt~heeCity on the uestionnaire
conference center - 83% were in favor of an increase of 1% sales tax and 1~£ in favor
of an increase in the ad valorem tax.
110 in favor of a conference center
138 not in favor of a conference center
112 in favor of a municipal golf course
101 not in favor of a municipal golf course
112 in favor of 2-hour parking
101 not in favor of 2-hour parking
104 in.favor of a transporatation center
Mayor Barnard suggest Council think about eliminating diagonal parking in the downtown
area, hampers flow of traffic.
Administrator Wurl suggested and Council agreed the increased sales tax should be sales tax
geared to cover those items eliminated from the budget plus major projects.
Discussed eliminating the 6 mill ad valorem tax completely and leave this source of ad valorum
taxation to special districts, Shhools etc.
Councilman Kuster made a motion if the sales tax passes, the City will take off the
6 mills of ad valorem tax now imposed by the City~ Seconded by Councilman Clymer.
Roll call vote - Councilmen Benninghoff aye; Bergman aye; Clymer aye; Kuster aye.
Rapid transit system - Mr. Wurl reported there is additional information to be obtained transit system
before Submitting a report to CoUncil.
Data Processing - Finance Director reported to Council he has found a way to combine data processing
the billing of water ahd electric on the same bill. A new form has been designed and
it takes two run throughs on the machine~ Sales Tax has been applied to the new machine
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Regular Meeting Aspen City Council April 1, 1968
Thrift Shop Thrift Shop - Mr. Wurl reported the Thrift Shop is very thankful for the space the
City has provided for the shop in the Opera House.
Election Election Wards - City Clerk and Administrator Wurl reported to Council due to the
Wards recent North Side Annexation an additional ward needs to be established.
Discussed ~the number of Councilmen as relates to Home Rule Government.
Councilman Clymer made a motion to establish one additional ward for purposes of up
coming elections. Seconded by Councilman Benninghoff. Roll call vote - Councilmen
Kuster aye; Clymer aye; Benninghoff aye; Bergman aye.
Cooper St.Bridge Cooper Street bridge - Councilman Kuster questioned why the State or the Contrac~ r
have not begun additional construction on the bridge now that the weather has cleared.
Also pointed out the detour is nothing but a dust bowl.
Administrator Wurl to handle.
Council questioned also how many streets are b~iBg swept a day. Administrator Wurl
reported 4 blocks per day.
streets
Council discussed seal coating of the streets, especially those paved in 1963. Admin-
istrator Wurl reported it would cost $14,000 to seal those streets. This money has
not been budgeted.
Room Rental Tax Council request Mr. Wurl to talk to the lodge owners regarding the 1% sales tax being
~ld in abeyance and report back to Council at the next meeting.
Councilman Bergman made a motion the Councilreconvene the hating on the "Pub" on the
15th of April. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster
abstain; Clymer aye; Benninghoff~aye; Bergman aye.
Councilman Kuster made a motion to pay the bills as submitted. Seconded by Councilman
Benninghoff. Roll call vote - Councilmen Clymer aye; Kuster aye; BenniDghoff aye;
Bergman aye.
Councilman Kuster made a motion to adjourn at 6:15 p.m., seconded by Councilman Clymer.
Ail in favor, meeting adjourned.
Lorraine Graves, City Clerk
Pub