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HomeMy WebLinkAboutminutes.council.19690623 Regular Meeting Aspen City Council June 23~ 1969 Meeting was called to ~rder by Mayor Robert Barnard at 3:45 p. m. with Councilmen Carl Bergman~ Werner Kuster~ John Benninghoff. Clyde Clymer~ Cith Attorney Albert Kern and City Administrator Leon Wurl. The accounts payable were submitted to Councilman Clyde Clymer prior to the meeting for review. Minutes Minutes - Councilman Benninghoff stated he objected to the terminologh used following'the roll call vote on Ordinance ~12 of the minutes of May 26th. City Clerk Graves stated the statment was made a part of the minutes as the Mayor had requested that it be mad~ a part of the minutes as the Ma~or had requested that ] it be made a part of the record. Councilman Clymer moved to approved the minutes of May 26th as mailed and prepared by the City Clerk. Seconded by Councilman Bergman. Roll call vote - Councilmen Ber~man aye; Kuster aye; Benninghoff nay; Clymer aye. Motion carried. Councilman Clymer moved to approved the minutes of June 17th as prepared and mailed by the City Clerk. Seconded by Councilman Bergman. All voted in favor with the exception of Councilman Benninghoff who voted nay. Motion carried. RSA Minutes - Councilman Bergman moved to approve and ratify th~ minutes of the RSA Board of may 21st as prepared and mailed by the recording secretary. Seconded by Councilman Clymer. Roll call vote - Councilmen Cl~a~er aye; Benninghoff abstain; Kuster aye; Bergman aye. Motion carried. Stairway- Rob Roy request - Mr. Roy was p~sent and stated to Council he is requesting permission to tear out the Woodlander p~esent stairway at the Woodlander and put in a newstairwar which would be 14' off the alley. Request is before Council since~ it is above city property. Discussed the problems of ice and snow on the north side of the building. Councilman C1Fmer moved that the City grant this request on the condition protective fireproof roof is constructed over the stairway that donforms to the code. Seconded by Councilman Bergman. Roll call vote - Councilman Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Garfunkel's Garfunkel's - Beer and Wine License - Submitted to Council were - a report from the Building Inspector on Beer & Wine Licens ~ the problems discussed on first submission of this application and also consignment of the lease. Ail in 'order. Councilman Bergman moved to approved the granting of a beer and wine license to Garfunkel's Belicatessen~ Inc.ii Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Cleaner aye; Benninghoff aye; Kuster abstain. Motion carried. The Meeting Place The Meeting Place~ remodeling - The required form of the State for remodeling was submitted to Council. Remodeling Attorney 0ares representing the Meeting Place stated if a building permit has not been applied for will do so immediately. Councilman Kuster moved to approve the remodeling of the Meeting ~lace~ Inc.~ as per liquo:~ code requirements Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Rooming House ~ooming House License - Application from Chateau Chaumont ~12 was submitted~ City Clerk reported all was in ~ License order. Councilman Bergman moved to approve a rooming house license for Chateau Chaumont ~12. Seconded by Councilman Kuster. Roll Call vote ~ Councilmen Clymer aye; Benninghoff aye; Kuster aye~ Bergman aye~ 920 Regular Meeting Aspen City Council June 23, 1969 Sidewalks - Administrator Wurl reported only one bid has been received from Dunning Construction Company. Sidewalks His original bid of $30,962.50 contained a few errors. Following negoiations the bid now stands at $23,486.00 Bids Estimate for this project was $22,000.00. Councilman Kuster moved to accept the bid of Dunning Construction Company in the amount of $23,486.00. Seconded by Councilman Bergman. :Roll call vote - Councilmen Kuster aye; Benninghoff ny; Bergman aye; Clymer aye. ~otion carried. Water Bonds - The City Clerk read i~ full the followling ResolutionS6, Series of 1969: ~:~REAS~ it:ha~~ rater Bonds b~n determined by the City Council of the City of Aspen, that it is necessary to extend and improve the Resolution #6 water system of said City; and WH]{REAS, there are not sufficient funds in the treasure of the City to pay for the cost of the necessary extensions and improv~aents to the water system~ and the City Council deems it advisable to issue general obligations negotiable coupon bonds of the City in the principal amount of $125~00C for such purpose; and WHEEEAS~ the City Council has determined to provide for the Notice of Sale of said bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN COUNTY, COLOP~kDO: Section 1. That for the purpose of paying the costs of extending and improving the water system of the City, the City shall issue and sell its General Obligation Water Bonds, in the principal amount of $125~000~ dated August 1, 1969, upon the terms and conditions hereafter set forth in the Notice of Sale of said bonds~ and an Drdinance to be later adopted authorizing their issuance. Section 2. That the Notice of Sale shall be published at least one time in the Aspen Times, the official newspaper of the City, and shall be substantiallyy as follows: NOTICE 0F B0~D SALE:SALE DATE: JULY 14~ 1969: CITY OF ASPEN~ COLOARADO: GENERAL OBLIGATION WATER BOIYDS: DATED AUGUST 1, 1969: $125,000. PUBLIC NOTICE IS HEREBY GIVEN that the Finance Director of Aspen, Colorado~ will on Monday the 14th day of July~ 1969~ at 3:30 o'clock p. m. , M.D.T.~ at the City Hall in Aspen , Colorado~ receive sealed bids for General Obligation Water Bonds of the City~ in the amount of $125~000 to be dated August 1, 1969. Said bonds shall bear interest evidenced by one or more~ sets of interest coupons~ at a rate or rates not exceeding 7{,per annum, payable on January 1~ 1970~ and semi-annually thereafter on the 1st day of January and the 1st day of July~ each year, and to mature serially on July 1, as follows: Amount MATURIT~ $ 5~000 1970 to 1977~ incl. 10,O00 1978 to 1981, incl. 15,000 1982 to 1984~ incl. Bonds of this issue maturing in the years 1970 to 1975, inclusive, shall not be redeemable prior to their respective maturity dates. Bonds maturing in the years 1976 to 1984, inclusive~ are redeemable at the option of the City on July 1, 1975~ and on interest payment dates thereafter, in inverse numerical order, upon payment of par, accred interest and a premium of 1-~ per cent o~ principal. The bonds will be in the denomination of $5,000 each~ numbered 1 to 25~ inclusive. Principal~ and interest will be payable at the Bank of Aspen~ in Aspen, Colorado. Bidders are requested to submit sealed bids specifying the lowest rate or rates of interest not exceeding the rate set forth above~ and cash premium, if any, above par at which the bidder will purchase the bonds. No more than one inter~st rate may be bid for each maturity and bidders shall specify rates of interest in multipl~s~of twentieths or eighths of one pereent. Any premium bid must be paid in lawful money of the United States of America as a part of the purchase price. All sealed bids should be directed to the Finance Director, City Hall, Aspen, Colorado~ 81611. and must be accompanied by a certified or cashier's check payable to the City of Aspen, in the amount of @2.500.00~ which check will be retained by the City as evidence of good faith and forfeited if the bidder fails to take up and pay for the bonds in accordance with his bid. Checks tendered by unsuccessful bidders will be promptly returned after award of the bonds by the City Council/ The bonds will be sold at a price of not less than par and accrued interest to the date of delivery. The City Council reserved the right to reject any and all bids and to re-advertise for the sale of said bonds, and the right to waive any defect or irregularity in any bid. aThe bonds will be awarded to the bidder naming the lowest net interest cost, which is gefinRdas the total amount of interest to accrue from date of issue to date of maturity without regard to the prior redemption date~ less the amount of cash premium bid~ if any. Delivery of the bonds will be made at a bank or trust company in Denver~ Colorado, or, at the option and expense of the purchaser~ at any other bank or trust company. It is anticipated that delivery will be made on or about August 15~ 1969. Further information concerning this issue may be obtained from Mr. Leon A. Wurl~ City Administrator~ City Hall~ in Aspen~ Colorado~ 8~611 or from W. E. Hutton &Company, Denver Club Building, Denver~ Colorado~ 80202~ the financial consultant to the city. A certified transcript of legal proceedings ~ the printed bondswith the approving opinion of Messrs, Willson & Lamm~ Attorneys of Denver~ Colorado~ appearing thereon will be furnished the purchaser without charge. GIVEN BY 0RD~R of the City Council of the City of Aspen~ Colorado~ this 23rd day of June~ 1969. RESOLUTIONADOFTED AND APPROVED this 23rd ~ay of June~ 1969. Terry Tierney~ Financial Consultant for the City~ was present and stated to Council that todays market is around 6~. Councilman Cl~mer moved to approve Resolution ~6~ Series of 1969 and City Clerk publish the required notice. Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; Kuster aye; Cylmeraye~ Bergman aye. Alley Paving Bids - Tabulation fo the bids were submitted by the Engineering Department as follows: Alley Paving Elam Construction.~ Inc. $17~110.00 Grand River Construction 20,546.00 Blacktop Paving Company 11,248~50 Administrator Wurl reported the low bid is lower than was estimated. City would bear the entire cost. Councilman Bergman moved to accept the bid of Blacktop Paving in the amount of $11,248.50. Seconded by Councilman Cl~mer. Roll call vote - Councilmen Bergman aye; Kuster aye~ Benninghoff abstain; Cleaner aye. Motion carried. Councilman Benninghoff stated he did not agree with this way of paving:allays with no participation from the property owners in the cost. Thrift Shop Lease - City Clerk read the following Resolution ~5~ Series of 1969~ as follows: hrift Shop Lease RESOLUTION~ Resolution #5 Series of 1969 921 Regular Meeting Aspen City Council June 23~ 1969 W~EI~EAS~ The THRIFT SHOP, an eleemosynary association~ establised for the purpose of raising money for contribution to charitable and community organizations through the sale of used merchandise and clothing is desirous of leasing space in the Wheeler Opera House Building for the purpose of continuing their operation; and, WHEREAS~ THE CITY OF ASPEN~ being the owner of the Wheeler Opera House Building~ is desirous of assisting the THRIFT SHOP in continuing its beneficial community services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen7 Colorado~ that it enter into a lease with the THRIFT SHOP of store space in the Wheeler Opera House Building for a period of five years commencing June 17 1969 with an option to renew said lease for an additional period of five years, at a rental sum of $1.00 per ayear. Councilman Kuster moved to adopt Resolution ~5, Series of 1969!~as read in full and authorize the Mayor and City Clerk to sign the lease. Seconded by Councilman Benninghoff. Roll call vote - Councilman Ctymer aye; Benninghoff aye; Kuster aye; Bergman aye. Highway #82 Highway 82 Location - Submitted by the Engineering Department wre maps outlining 3 alternatives: ~1 - 4 lanes directly in on Main Street ~2 - 2 lanes directly in on Main~ Street and 2 lanes the present highway ~3 - 4 lanes - present highway location. Also shown along with alternate ~1~ the present highway as a secondary road andalso a foot and bicycle path along the 4 lanes to the high school. COUNCIL mentioned their concern of pedestrian traffice along a 4 lane highway and suggest the pedestrian path be constructed along the secondary road and under the highway to the high school. Councilman Benninghoff stated at the public hearing held by the State Highway Department7 it was mentioned that it could not be substantiated to $onstruct a new bridge and u~;~rpass both. Councilman Clymer moved to accept and recommend to the State highway Department alternate ~lwith the amendment that the pedestrian way be shown along the secondary road. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye Clymer aye. Council instructed Administrator Wurl to send a formal letter to the State Highway Department relating Council's decision. Municipal League Munic~pal League~Con~erence - Administrator Wurl request permission for the City Clerk, City Administrator Conference and City Attorney to attend this conference in Vail. Also questioned if the Mayor and Council wished to attend. Councilman Kuster made a motion to grant permission for the City Clerk, City Administrator and City Attorney to attend the Municipal League Conference in Vail on June 25th, 26th and 27th. Seconded by Councilman Ber~nan. Roll call vote - Councilmen Cl~mer aye; Benninghoff aye; Kuster aye; Bergman aye. Accounts Payable Accounts Payable - Previous to Council meeting Councilman Clymer traveled to City Hall and reviewed the bills.ii Councilman Clymer reported there were 3 problems which have been cleared up with the Finance Director. Councilman Benninghoff questioned the lack of a list of the accounts payable. Administrator Wurt stated he thought they had been sent out7 one will be sent out i~mediately. Discussed procedures for reviewing ~he bills[[ Councilman Clymer moved to pay the bills as submitted by the Finance Department. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Dog Pound Dog Pound - Council agreed to table the calling for bids. Council request Administrator Wurl check into private or individual buildings and maintaining a kennel at the dump site and the City negoiate for space/ Ordinance #18 ORDINANCE #18, SERIES OF 1969, AN ORDINANCE AMENDING TITLE X1, CHAPTER 1, OF THE ORDINANCES OF THE CITY O~ Zoning-West ASPEN, COLORADO , PERTAINING TO ZONING~ TO PROVIDE ZONING FOR THE AREA ANArEXED TO THE CITY OF ASPEN7 COLORADO Aspen Company BY ORDINANCE NO. 28, SERIES OF 1968, AND DECLARING AN EMERGENCY TO EXIST was read by title only, as agreed by Council~ on second reading by the City Clerk. Councilman Bergmanmoved to adopt Ordinance ~18, Series of 1969, Series of 1969 on second reading and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye~ Bergaan aye, Benninghoff aye. Ordinance #19 ORDINANCE #19~ SERIES OF 19697 AN DRDINANCE ANNEXING LOT 22, FIRST FILING, WEST ASPEN SUBDIVISION, PITKIN Annexing Lot 22 COUNTY, COLORADO was read by title only~ as agreed by council~ on second reading by the City Clerk. West Aspen Sub Councilman Kuster moved to adopt Ordinance ~19, Series of 1969 on second reading and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye; Clymer aye. Ordinance #10 ORDINANCE~No 10~ SERIES OF 1969, AN~ ORDINANCE AMENDING TITLE 1~ CHAPTER 5~ SECTION 17 OF THE MUNICIPAL CODE Election Wards OF THE CITY OF ASPEN~ COLORADO, ENTITLED WARDS AND ESTABLISHING NEW WARD BOUNDARIES FOR THE CITY OF ASPEN, COLORADO, ENTITLED WARDS AND ESTABLISHING NEW WARD BOUNDARIES FOR THE CITY OF ASPEN, COLORADO was read in full by the City Clerk on first reading. Clyde Newell was present and stated he felt it was a good idea to have more councilmen. COUncilman Berman moved to adopt Ordinance ~t0, Series of 1969 on first reading and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen Benninghoff nay, Kuster aye bergman aye; Clymer aye. Motion carried. Clarifier Bids Clarifier bids - Mr. Dale Rea was ~present and reported the low bidder has two problems. Bid was based on 340 days7 specifications call for 180 days. Following the bid opening the low bidder qualified his bid by 922 Regular Meetin$ Aspen City Council June 23, 1969 stating he would complete the job within the required number of days and problem number 2 he is nov as well known as the next low bidder which will require that his qualifications be checked our. If Council decides to take the low bidder, Council will need to waive the t%ch~.~ically of completion late. Mr. Rea suggest and recommend the Council accept the low bidder subject to clarification of his qualification as there is quite a difference in price of $7~600 between the low bidder and next lowest Tabulation of bids are as follows: D~gi~s Jardine $1717830.00 White Construction 116~200.00 Nielsen Co~struction 136~208.00 0rloff Construction 123~863.00 Council agreed to table this item till the 14th of July in order that Mr. Rea have sufficienv time vo check the qualifications of the low bidder. ADMINISTRATOR Wurl request permission to leave, permission granted by Mayor Bernard. ORDINANCE ~11, SERIES OF 1969, AN ORDINANCE AMENDING SECTIONS 1~ 27 A~ 3, OE CHAPTER 3, TITLE 1, OF THE rdlnanee MUNICIPAL CODE OF THE CITY OF ASPEN~ COLORADO, ENTITLE~ FIRE ZONES AND CHANGING THE FIRE ZONE LIMITS was ire Zones read in full on first reading by the City Clerk. Building Inspector Meyring stated fire zones are created and concerned with the exterior of a building and the spreading of fire such a an entire block. The building code regulates the interior of the buildin~ and the zoning ordinance for instance regulates the set backs, height and so forth. Councilman Bergman moved to adopt Ordinance ~11~ Series of 1969 on first reading and order the same published Seconded by Councilman Kuster. Roll call vote - Councilmen Berg~nan aye~ Kuster aye; Benninghoff nay~ Clymer aye. Motion carried. ORDINANCE #127 SERIES OF 1969, AN ORDINANCE AMENDING PORTIONS OF CHAPTER 2, TITLE VIII AND REPEALING PORTIONS Ordinance OF CHAPTER 2. TITLE VIII OF THE EUNICIPAL CODE OF THE CITY OF ASPEN~ PERTAINING TO EXCAVATIONS ~ HEREBY ~xca~ations DECLARING AN EMERGENCY TO EXIST~ was read in full on first reading by the City Clerk~ Clyde Newell was present representing the Pitkin County Construction Association and sva ed the Associations only exception to the ordinance is the 2 day limitation. Would like to request 4 days. Also stated that there seems to be a contradiction under Sections 8-2-10 [a~ and [2] Iai whereby one section s~ane~ the dirt from the excavation must be hauled away and the other section states only the material which does coy meev the specifications of the City. Council agreed to change the number of days to 3 and delete the following under Section 8-2-1d Iai "excepv for material to be used for backfull pursuant to the provisions of this Chapter". Also under Section 8-2-10 [1] delete the word required and insert minimum. Councilman Kuster made a motion to adopt Ordinance ~12~ Series of 1969 on first reading as amended and erder the ssme published. Seconded by Councilman Bergman. Roll call vote~- Councilmen Clymer aye~ Kuster aye~ Ber~man aye~ Benninghoff aye. OPd)INANCE ~13~ SERIES OF 1969, AN ORDINANCE APR!~0VING ANI) RATIFYING CERTAIN LONG 2ERM LEASES OF THE CITY OF Ordinance ASPEN was read in full on first reading by the City Clerk. Leases Councilman Clymer moved to adopt Ordinance ~13~ Series of 1969 on first reading and order the same published. Seconded by Councilman Kuster. Roll call vote ~ Councilmen Kuster aye~ Benninghoff aye~ Bergman aye~ Clymer aye. ORDINANCE ~14~ SERIES OF 1969, Wi~EREAS~ THE CITY COUNCIL OF THE CITY OF ASPEN, HAS APPROVED BY THE V0T OF Ordinance #14 TWO TO ONE, TWO ORDINANCES dF THE SERIES OF 1968~ AND~ WHEREAS THE CITY COUNCIL DESIRES TO RATIFY AND ~ati~y Ord. #30 APPROVE SUCH O~DINANCES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO: was read in & #41-~968 f~ll by the City Clerk on first reading. · Councilman Kuster moved ot adopt Ordinance ~14. Series of 1969 on first reading and order the same published. Seconded by Council Bergman. Roll call vote - Councilmen Benninghoff aye~ Bergman aye; Clymer aye~ Kuster aye. ORDINANCE ~15, SERIES OF 1969~ AN ORDINANCE REPEALING CHAPTER 3 OF TITLE IX OF THE ORDINANCES OF THE CITY OF Ordinanc e #15- ASPEN, COLORADO PERTAINING TO RENTAL REVENUE TAX was read in full by the City Clerk on first reading. Bed Tax Mayor Barnard related the happenings of the last meeting of the RSA Board concerning the reduction of the total for the 4 capital imProve~ent~items from $295,000 to $147~500 since 6 months in 1969 is all that is being considered. Also in turn reduced the 4 items by 50~. Mayor Bernard stated he would like to recommend that in preparing the budge{ this year, the City take off the 10 mill levl/. Councilman Benninghoff questioned the repeal of the bed tax since this money isfor the Aspen Chamber and Visitors Bureau. Mayor Barnard pointed out the tax on lodging comes under the new sales tax and as relates to funds to the ACVB~ this is being handled by the Regional Service Authority. Councilman Kuster moved to adopt Ordinance #15~ Series of 1969 on first reading and order the same published. Seconded by Councilman Claimer. Roll call vote - Councilmen Benninghoff nay Kuster aye~ Clymer aye~ Bergman aye. Motion carried. 0RDINANCEiii~16, SERIES OF 1969~ AN ORDINANCE REPEALING ORDINANCE NO. 24~ SERIES 0P 1968~ OF THE ORDINANCES OF Ordinance #16, THE CITY OF ASPEN, COLORADO, PERTAINING TO GROSS HECEZPTS TAX was read in full on first reading by the City Gross ~eceipts Clerk~ T ~ x 923 Re, ar ~e~:~i~g Aspen City council Jun~ 2~ 1969 Ordinance ~16 councilman Benninghoff moved to adopt Ordinance #16~ Series of 1969 on first reading and order the same Gross Receipts published. Seconded by councilman Kuster. Roi1 call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. ~ Discussed ceasing the collection of the bed tax and gross receipts tax on July 1st prior to completion of ! the proceedings relating to the passage of Ordinance ~15~ and ~16~ Series of 1969. Councilman Kuster made a motion to instruc~ City Administrator Wurl to cease the collection of the bed tax and gross receipts tax as of July 1~ 1969. Seconded by Councilman Bergman. Roll call vote - Councilmen Berg~an aye; Kuster aye; Benninghoff aye; Clymer aye. Ordinance #17 ORDINANCE ~17~ SERIES OF 1969~ AN ORDINANCE AMEKDING CHAPTER 1 OF TH~ TITLE VI OF TH~ OFFICIAL CODE OF THE Offences CITY OF ASPEN ESTABLISHING OFFENSES REGARDING PUBLIC ORDER AND SAFETY AND SPECIFICALLY LOITERING~ BEGGING AND SLEEPING OR LODGING IN UNAUTHORIZED PLACES was read in full on first reading by the City Clerk. Councilman Clymer m~ved to adopt Ordinance ~17~ Series of 1969 on first reading and order the same published. Sedonded by Councilman Bergman. Roll call vote - Councilmen Bergman aye~ Kuster aye; Benninghoff aye; Clymer aye. Building Code Letter from Planning and Zoning relating Council consider amending the building code to provide for wooden fences in the Commercial zones was read by Mayor Barnard. Attorney Kern pointed out a public hearing would be required and recommend Council read the ordinance on first reading and then schedule a public hearing. Administrator Wurl also pointed out the Building Inspector has recommended additional changes. Council instructed At~orney Kern to draft an ordinance covering these amendments. Pop Corn Wagon Pop Corn Wagon - Attorney Kern reported from research the Council has the authority to permit this type of business on public property. Suggest Council adopt some regulations and controls by ordinance such as zones in which they are permitted~ approval of surrounding property owners~ surety bond~ conditions on operating etc. Councilman Clymer made a motion to approve this request and City Administrator Wurl to work with the owner on the details~ and the City be provided with a surety bond. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye Benninghoff nay; Berg~an aye; Clymer aye. Motion carried. Paving-Ute Ave. Paving Ute Avenue - Administrator Wurl related a request from Mr. Hewey of the Aspen Alps as relates to the paving of Ute Avenue. Wish to use asphalt and request the City be responsible for the maintenance. Council agreed they did not desire to be responsible for a road or street which did not meet City specificat- ions. Councilman Benninghoff moved to deny this request. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye~ Bergman aye. i iMotor Grader Administrator Wurl submitted a proposal for a new motor grader from the Macdonald Equipment Company on a new Austin Western. Mr. Wurl stated the present 1957 Pettibone motor grader has reached the stage where Council should consider athe acquistion of a new machine. It is not the cost of repairs so much as the time that the ] motorgrader is broke down that keeps the City from accomplishing a lot of the necessary street work. Would like to signra contract for lease purchase with this company for 2 months of this year whic~would be about $1500 a month and next year provide for the payments in the budget. They have offered~600~'~n the Pettibone as a tra~e in. Administrator Wurl recommend the City keep the Pettibone as back u~. Councilman Clymer moved to authorize Administrator Leon Wurl to enter into a alease-purchase agreement with Macdonald Equipment Company and instruct the City Attorney to prepare an ordinance. Seconded by CounciLman Kuster. Roll call ~ote'a Councilmen Benninghoff Aye; Bergman aye; Kuster aye; Clymer aye. Dump Truck Administrator Wurl also submitted an estimate from Mountain Motors~ Inc. on a new tandem dump truck. Mr. Wurl reported the City is in need of a new dump truck due to the longer distances and more hauling re- quirements of the Street .Department. Presently the City rents trucks during the winter for hauling snow. Cost would be approximately $450 a month. Councilamn Bergman moved to authorize Administrator Wurl to enter into a lease purchase agreement with Mountain Motors and instruct Attorney Kern to draft an ordinance. Seconded by Councilman Clymer, Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye; Clymer aye. Contractor's Letter from the ~itkin County Construction Association was read by Mayor Robert Barnard relating to licensing Licensing of contractors. Also brought out was the fact the City had a painter painting City Hall without a license. Administrator Wurl reported the City had difficulity in obtaining a painter and the carpenter who was working in City Hall stated he could obtain one for the Cit!. Did not learn until too late the the painter was un-- licensed. Correspondence Administrator Wurl submitted to Council an xoutline of the f~nds allocated to different projects of the State Highway Department; an article showing as related to collection of the State Sales tax that Aspen has moved from 23rd on the list to 18t~ place. City Hall questian~aire -l~O0 Sent out 278 returned. Article on an auto eater. Fence - Shaw Councilman Benninghoff questioned wha~iis being done about Mrs. Shaw's fence. Administrator Wurt reported Mrs. Shaw has been out of town and Mr. Shaw reported they are in the process of hiring someone to take the fence ~-~ down. Councilman Benninghoff stated there is also barb wire on ~rs. Shaw's fence at the Opera House. Alleys Councilman Kuster questioned why the ordinance pertaining to alleys and clean up is not being enforced. Administrator Wurl and the Chief to work on this. P & Z Structure Mayor Barnard proposed that the terms of the Planning and Zoning members be reduced from 6 years to 2 years the same terms as the elected officials~ with perhaps provision for carry over of part of the members. Also all actions of the P & Z have the approval of the City Council before being execute~. Also stated he was 924 Regular Meeting Aspen City Council June 23~ 1969 concerned that the board would bedome ineffective due vo their reconsidering previous stands that they have taken. Also feel that neither the M~yor or Councilmen should serve on this Board. Council request the City Attorney look into thia and report back ~¢ Council. Councilman Kuster moved to adjourn ay 7:15 ~.m.. Seconded by Councilman Clymer. All in favor~ meeting adjourned. ~ Lorrazne Graves~ City Clerk