HomeMy WebLinkAboutminutes.council.19680701Regular Meeting Aspen City Council Jul~ 1, 1968
Meeting was called to order by Mayor Robert Barnard at 3:35 p.m. with Councilmen
Werner Kuster, John Benninghoff, Clyde Clymer and City Administrator Leon Wurl.
The accounts payable were given to Councilman Werner Kuster to cheek.
Counczlman Kust~r made a motion to approve the minutes of June 17, 1968 as mailed.
Seconded by Councilman Clymer. Roll call vote - CoUncilmen Clymer aye; Benninghoff
aye; Kuster aye.
Mayor's Deed - Roy Hanson, problems exist - not considered.
Councilman Carl Bergman arrived.
ORDINANCE #24, SERIES 1968, AN ORDINANCE LEVYING A PRIVILEGE OR LICENSE TAX AGAINST Ord. #24
PERSO~S~'ENGAGING IN A RETAIL BUSINESS IN THE CITY OF ASPEN, COLORADO PROVIDING .)rivilege tax
FOR THE COLLECTION THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE was read in full for the first time by the City Clerk and City Administratc c.
R~!~rNM~eting Aspen City Council July 1, 1968
Privilege Tax Mayor Barnard pointed out the reason for the ordinance is a hedge or a little~insurance
in the event the City would lose the law suit with Francis Whitaker.
Councilman Benninghoff made a motion to adopt Ordinance #24, Series 1968 on first
reading as read in full and order the same publl~hed. Seconded by Councilman Kuster.
Roll call vote - Councilmen Kuster aye; Benninghoff aye; Clymer aye; Bergman aye.
Wes Th~mpe representing a group of citizens of the City was present to present to
Council a letter as follows:
undesirable
transients "We citizens, parents, and businessmen of the Aspen Community believe that our health,
moral well-being and business welfare are~endangered by the large influx of undesirable
transients into the Aspen area. We, therefore, ask that the local authorities be
instructed to strictly enforce any and all ordinances dealing with hitchhiking, vagrancy,
loitering, illegal assembly, indecent exposure, littering etc. We ask that the State
Highway Patrol be contacted and urged, to cooperate in the enforcement of the hitchhiking
and littering laws.
We al~o ask that the City Health Officer be instructed to make regular and periodic
inspections of restaurants and rooming houses in the City of Aspen. Our City Health
Officer Should be instructed to enforce those health laws which prohibit animals in
restaurants and grocery stores, and those laws which govern the length of hair and
cleanliness of employees in those businesses. We as that any laws which prohibit the
serving or selling of food to people in varying stages of undress be strictly enforced.
We ask that the City B~i~ding Inspector be instructed to make regular and periodic
inspections of rooming houses in the City of Aspen and that he take immediate steps
to correct any violations of our zoning ordinances.
We ask that our District Attorney be strongly urged to prosecute any infractions of our
laws to the utmost.
We hereby give our Police Department a full vote of confidence and pledge that we will
support them to the fullest extent in a program to stop the flagrant disobedience of our
Different problem violations were cited by the people present.
Discussed the present laws on the books referred to in the letter. Chief Scott stated
perhaps the loitering law could be Changed 'so that it would have more teeth in it. In
order to question someone on the street, there must be a reason.
Discussed business people refusing service to these undesirable people.
One citizen spoke out and said there is probably nothing you can set down on looks,
smell or dress, the law can govern acts only.
Councilman Kuster questioned if the employee registration law could be changed to cover
registration law all employees in the City. Also questioned if all outdoor concerts could be limited
to Bavaria Park only, so that the tourists are not bothered by the noise.
Councilman Kuster made a motion all employees in the City come under the employee
registration law and all outdoor public concerts be held at Bavaria Park. Lack of
Second.
Administrator Wurl reported registratiOn for all employees may be subject to litigation.
Council request Administrator Wurl check into this.
Council agreed it is up to the business~ men in to,tm and the citizens to cooperate in
this problem, the City can only do something when the laws are broken. (See Council
motion elsewhere in these minutes.)
outdoor concerts Councilman Kuster made a motion that Bavaria Park be used for outdoor public concerts
in the future. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman
aye; Benninghoff aye; Kuster aye; Clymer aye.
Discussed allowing outdoor concerts in Paepcke Park without the use of amplifier
equipment.
Councilman Bergman made a motion that we let the Music Associates of Aspen concerts
continue in Paepcke Park without amplifiers. Lack of Second. ~
The audit of the Music Associates and their reqt~$t for a donation were submitted to
Council by Nancy Smith. Donation referred to the Chamber of Cormnerce.
8O2
Regular Meeting A~pen City Council July 1, 1968
ORDINANCE #25, SERIES 1968, AN ORDINANCE CONCERNING REVENUE AND IMPOSING A SALES Ord,#25 Sales Tax
TAX UPON THE SELLING OF TANGIBLE PERSONAL PROPERTY AT RETAIL UPON EVERY RETAILER
IN THE CITY OF ASPEN, COLORADO AND TO PROVIDE PENALTIES WITH RESPECT THERETO was
read in full for the first time by the Finance Director. ~-
Councilman Clymer made a motion to adopt Ordinance #25, Series 1968 on first reading
as read in full and order the same published. Seconded by Councilman Bergman. Roll
call vote - Councilmen Kuster aye; Clymer aye; Benninghoff aye; Bergman aye.
Kurt Bresnitz presented to Council a petition wi~h the following hea~ing: "We,
the undersigned, protest the recently enacted parallel parking ordinance since we parallel parking
feel that it increases our parking problem, its impractical and against the public
interest.
We, therefore, urge the City Council to take all necessary steps~to legalize the
angle parking in the previously assigned areas."
Mayor Barnard stated a compromise on the parking problem of taking the area used
for sidewalks etc on 3 sides of Wagner Park and allow angle parking .....
Councilman Bergman made a motion the City go back to the original angle parking
until a solution can be found. Seconded by Councilman Kuster~ Roll call vote -
Councilmen Clymer m~; Benninghoff nay;.Kuster aye; Bergman aye; Mayor Barnard nay.
Motion undarried.
Councilman Kuste= made a motion that the City Administrator be instructed to prepare
plans and actually construct the widening of Mill Street, Durant Street and Wagner Park
Monarch Street adjacent to WagnerPark~from the existing curb line to the property
line to provide area for angle parking. Seconded by Councilman Benninghoff.
Roll call vote - Councilmen Bergman m~y; Kuster aye; Benninghoff aye; Clymer aye.
Motion carried.
ORDINANCE #26, SERIES 1968, AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, OF THE Ord. #26
ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING, TO PROVIDE ZONING zoning
FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 7, SERIES OF
1968, AND DECLARING AN EMERGENCY TO EXIST was read in full for the first time by the
city Clerk.
Councilman Kuster made a motion to adopt Ordinance #26, Series 1968 on first reading
as read in full and order the same published. Seconded by Councilman Benninghoff.
Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye.
ORDINANCE #22, SERIES 1968 - Relating to a change in personnel code. Ord.#27 Personnel
Administrator Wurl reported the reason for the ordinance was the Chamber had submitted
for pay increases that d.id not fit the existing personnel pay scale.
George Odie=~of the Chamber reported in order to get good qualified help, you must
pay higher salaries. The starting salary in Aspen after checking around i~ $350.00.
Administrator Wurl pointed out to Council if the Chamber people receive increases the
other City personnel will also request an increase.
Ordinance tabled.
RESOLUTION #13, SERIES 1968 as follows was read in full by Mayor Barnard:
R E S 0 L U T I 0 N Res.#13 John
~o~ Y3~ ~e~i~s--l~6~ Herron Par'k
WHEREAS, the City of Aspen has heretofore permanently dedicated
for pa~k and recreational purposes certain property in Pitkin County,
Colorado,naming said park "Neal Avenue Park";
AND WHEREAS, the City of Aspen in honor of John Herron and
in respect and appreciation for his devotion and dedication to the
development and growth of our cormnunity, desires to re-name said park
"John Herron Park";
NOW, THEREFORE BE IT RESOLVED that Neal Avenue Park be re-
named "John Herron Park".
Councilman Kuster made a motion to adopt the foregoing Resolution #13, Series 1968 ~
Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye;
Benninghoff aye; Kuster aye; Bergman aye.
Regulmr Meeting Aspen City Council July 1, 1968
Statement - Stewa: t Attorney Clinton Stewart Statement - Council request Administrator Wurl obtain the
original work sheets relating to this s~atement.
Councilman Kuster questi0ned the $200.00 per ~month paid to the City Engineer for
Accts Payabl. equipment rental. Administrator Wurl pointed out the $200.00 is toward the City
Engineer's personal vehicle used by the City and all the engineering and drafting
equipment belonging to the City Engineer. The amount was agreed upon at the time
of employment with the City.
Councilman Kuster made a motion to pay the accQunts payable as submitted by the Finance
Department. Seconded by Councilman Clymer. Roll· call vote Councilmen Benninghoff
aye; Bergman aye;.Kuster aye; Clymer aye.
Councilman Kuster expressed his gratitude to Administrator Wurl for seeing that the
Cooper Street bridge is opened and for the culvert installed on the east end.
bicycles Councilman Clymer request the laws relating to the drivers of bicycles be enforced,
before someone is hurt. Council request Administrator Wurl check into this.
Councilman Benninghoff questioned what was done or being done about the problems
undesirables which were brought out by the citizens earlier in the meeting relating to the undesirable~'s.
transients
Administrator Wurl questioned Council to what degree they wished the laws to be enforced
Councilman Kuster made a motion that all laws in the City of Aspen be enforced
motion impartially as requested in the letter submitted earlier in the meeting. Seconded by
Councilman Clymer. Roll call vote - Councilmen Benninghoff aye; Kuster aye; Bergman
aye; Clymer aye. (Letter printed elsewhere in these minutes)
Administrator Wurl reported the following:
Admin. Reports Golf Course receipts through June 23rd - $3,913.00.
Census Official Report - 2081 residents in the City.
James Markalunas - Filter Plant Operator passed Class B filter plant operators test with
a grade of 94.
July 9th'will be the hearing on Hogenson suit.
July 10th will be the hearing on the sales tax with Francis Whitaker.
Will be 30 days before a decision is reached on the North Side Annexation hearing
which was held this date.
Dump Maintenance - Met with the County and they desire to buy their own tractor rather
than buying the one from the man maintaining the dump.
Swimming Pool Receipts through June 25th - $887.75.
Red Mountain Water- Holy Cross will be in the end of this week to hook up the electrical
Water line is finished.
Bavaria Park - Started laying the sod last week, 1/2 finished, sprinkler system finished
Municipal League Convention - Mayor Barnard was nominated to the Board, but did not
receive enough votes to be elected. Our Resolution was submitted although another
City had the same idea but a different approach to the problem.
Nugget Alley - Alley will be cleaned up and landscaped in the near future.
Mrs. Neil McDonald's letter was submitted to Council relating to dogs.
Park Study - Submitted to Council. Mr. Ferguson of Schlupp-Ferguson would like to meet
with Council and review the study.
Electric policy - Councilman Kust~r made a motion to adopt the policy in that the
electric policy individual developer assist in the capital cost to serve them to the extent of the cost
of such trmmsformers. Seconded by Councilman Benninghoff. Roll call vote - Councilmen
~. Benninghoff aye; Bergman aye; Kuster aye; clymer aye.
truck Eng. Truck - Engineering Department - Administrator Wurl reported the City can obtain a truck
for $2100 for the engineering department.
Councilman Kuster made a motion to authorize $2100 for the purchase of a truck for the
engineering department. Seconded by Councilman Clymer. Roll call vote - Councilmen
Kuster aye; Clymer aye; Benninghoff aye; Bergman aye.
Regular Meeting Aspen City Council July 1, 1968
Letter as per request at the last meeting by the Lodging Association was submitted Lodging Assoc,
to Council and signed by the Mayor, City Administrator and individual Councilmen. taxes
Mayor Barnard requested Administrator Wurl ma~ke an appointment with Daniel Daniel Wiengez
Wiegner as relates to the money due the City on the f~ater line to the pomegranate Inn. water line
Administrator Wurl reported the Aspen Sports would like permission to use a portion Aspen Sports
of the sidewalk for planters. Discussed maintenance when the shop is closed. Council planters
request Administrator Wurl check into this problem.
Mr. Richard Springer was present and reported he had bid on a contract using the old
water tap fee which was in effect at the time of the bid, $600.00. Since that time Springer - tap
the tap fees have been changed and the price is now $2100.00. water
Finance Director. Flewelling reported he had told Mr. Springer to bear in mind a
change would be coming up on the tap fees.
Mr. Wurt also reported the emergency clause was not put on this ordinance in order to
give some time to the contractors.
Council agreed not to give special consideration to Mr. Springer.
Motion was made by Councilman Benninghoff, seconded by Councilman Kuster to adjourn
at 7:00 p.m. Ail in favor, meeting adjourned.
' Graves, City Clerk