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HomeMy WebLinkAboutminutes.council.19700713 aspen ~zny uouncl£ July 13, 1970 Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilman Edwin Vare, Ross Griffin, Fitzhugh Scott III, Francis Whitaker, City Attorney Albert Kern and City Manager Leon Wurl! Minutes Minutes - Page 2 Under Highway 82 - Councilmen Scott, Whitaker and Vare request the follow- ing additions and corrections be made to the minutes of the adjourned meeting of June 29, 1970 under the caption of. Highway 82. Corrections or additions are in capital letters. Highway 82 Highway 82 - As relates to the motion made and seconded at the last meeting concerning a referendum on the highway, the following comments were made by Council: Feel this is up to the County Commissioners; County Commissioners have already asked the State Highway to go ahead with~their plans; feel the City should concentrate their efforts in solving the problems of traffic and circulation inside the City limits; elected representatiges have to exercise their own judgment; out of the City's jurisdiction. Councilman Walls withdrew his motion, Councilman Comcowich withdrew his second. Councilman Walls moved that since the County Commissioners have made their determination for this area~of concern, which is their's to make, that the City concentrate on our own immediate area of concern FROM THE MAROON AND CASTLE CREEK TURN OFF AND INSIDE THE CITY LIMITS, of traffic circulation. Seconded by Councilman Comcowich. Councilman Walls suggest the planning as relates to the motion would include one way stree system, traffic flow as relates to the business district, etc. COUNCILMAN SCOTT STATED HE WAS NOT AGAINST PLANNING IN THE CITY, BUT IS AGAINST THIS MOTIO~ BECAUSE THE WAY THE HIGHWAY IS PRESENTLY CONSTITUTED IT IS THE CONSIDERED OPINION OF ALOT OF PEOPLE WHO HAVE STUDIED THE HIGHWAY THAT IT IS ILL-CONCEIVED AND PROBABLY ILLEGAL UNDER FEDERAL LAW AND THIS IS WHAT THE MELCHER REPORT IS ALL ABOUT. Councilman C omcowich arrived. Councilman Whitaker pointed out sometimes you plan things which you do not necessarily agree with. Councilman Walls arrived. COUNCILMAN VARE STATED IT IS A MOTE POINT TO PLAN THE CITY AND THEN IMPLEMENT THE HIGHWAY. FEEL THE CITY HAS A RIGHT TO EVALUATE THE, HIGHWAY WITHIN A THREE MILE LIMIT. Roll call vote - Councilmen Vare nay; C0mcowich aye; Griffin nay; Scott.nay; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman Scott moved to approve the minutes of the regular meeting held on June 22, 1970 and to apprbve~the minutes of the adjourned meeting~ of June 29, 1990 as corrected. Seconded by Councilman Whitaker. Ail in favor, motion carried. Accounts Payab Accounts Payable - Councilman Whitaker moved that the accounts payable be approved subject to corrections found by Councilman Whitaker's review of the statements. Senonded by Council man S~ota~ Roll eall vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Teen Center Manager Wurl related a request from the Recreational Director to take this off the agenda. Planner Planner- Coun~'ilman' Wails previously submitted to all Councilmen and Mayor copies of the correspondence of ~he Screening COmm'i'ttee relating to the Planner. Councilman Walls moved that the City appoint Herb Barrel as the planner for the City and County, Seconded by Councilman Whltaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Planner's Planner's Office - Bids received were submitted to Council. City Manager Wurl recommend Office the Council accept the low bid of Arnold Construction in the amount of $7,794.72. Councilman Comcowich moved ~o accept, the low ~bid of Arnold Cons,truct.ion in the amount of $7,794.72. Seconded by Councilman Griffin. Roll call vote Councilmen Walls aye; Whitaker aye; Comcowich aye; Vare aye; Griffin aye; Scott aye; Mayor Homeyer aye. WhitE Cons~ruc White Construction - Final Paymen.t - City Manager Wurl stated-the a~dver~isement ~or final ion - Final payment has been published as. required, r.ecommend Council authorize the .final payment in ~ Payment the amount of S17,430.00. Councilman Whitaker moved to a~thorize final payment to White Construction in the amount of S17,430.00. Seconded by Councilmam Walls. Roll call vote - Councilmen Walls aye; Whit- aker aye; Comcowich. aye;~ Vare aye] Griffi, n aye; Scott aye; Mayor Homeyer aye. Mayor's Mayor's Deeds Deeds for Block 87, Lots D, E, F, G, H and I to Dorothy Koch Shaw and Deeds William R. Shaw; deed for fractional lots K & L; Block north .of Block 104~to John J. Snyder and Kathryn Seri Snyder were submitted by the City Clerk. Previously checked by the City Attorney and City Engineer. Councilman Scott moved to authorize the Mayor and City Clerk to execute the Mayor's deeds as submitted. Seconded by Councilman Griffin. Roll call vote - Councilmeo Vare; Scott aye; Griffin aye; Comcowich aye; Walls aye; Whitaker aye; Mayor Homeyer are. Motion carried. Public Restrooms - Mayor Homeyer reported the County Commissioners of the RSA board have Public turned' this project down. Request the City consider this project. Discussed the old Thrift Restrooms Shop location located north of the City Hall. Councilman Comcowich moved that the City temporarily abandon plans for architectuat propos~ ls fprpublic restrooms for the downtown parks and direct our efforts towards providing public restrooms in connection width a public building. Seconded by Councilmmn Whitaker. Ail in favor, motion carried. Councilman Vare to contact local architects as to design for addition to City Hall to provide public rest~ooms. Councilman Vare and City Manager Wurl to review locations. Planning and Zoning recommendation relating to leased parking spaces was submitted to Leased Parking Council. Planning and Zoning recommends leased parking be from the City only. Discussed eliminating leasing completely. Attorney Kern reported the present ordinance is impractical to enforce. Eouncilmmn Whitake~ stated arrangements should be made for present leasing contracts. Councilman Whitaker moved the matter be referred to the City Attorney to revise the City ordinance along the lines of the Planning and Zoning recommendation and further submit a proposed ordinance for future use to cover present leasing contracts. Seconded by Council- man Griffin. Ail in favor, motion carried. 1% Sales Tax - Robin Molny, Chairman of the Planning and Zoning Commission was present and Sales Tax stated he had contacted the City Manager of Boulder who would send to Councilman Vare the complete package used by Boulder in the selling of a sales tax for greenbelt acquisition. Councilman Whitaker offered his services for the month of August to work on the program to sell the sales tax. Annexation Policy,,- Recommendation for procedure was submitted to Council by the Planning Annexation and Zoning. City Manager Wurl request a special meeting to discuss areas of annexation. Policy Council agreed, to meet on Monday, July 20th to discuss annexation at 5:00 p.m. Councilmmn Walls moved to adopt the procedure set down by the Planning and Zoning for annexations. Seconded by Councilman Whitaker. Ail in favor~ motion carried. Open Space - City Manager Wurl reported he had had recent contact with Tipco and they are Open Space susceptible to discussion on the consideration of the land acquisition in return for zonin consideration. Request some kind of formal indication from. Council based on what happens at the September 1st election. Councilman Ned Vare submitted maps showing the outline of property and property ownership. Councilman Comcowich reported the County Commissioners did agree with the development of a golf course and other recreational activities but were against the actual purchase of the land. Councilman Walls stated he was concerned with hamstringing the City funds for the next 10 or 20 years, should begin with the most important area first. Councilman Whitaker moved that the City Manager be authorized to continue maintaining contact with Tipco and inform them the City is very seriously interested in the purchase ot the golf course land property pending the September 1st election. Seconded by Councilman Scott. Council request Manager Wurl give a report to Council of the Charter restriction on indebt- edness and those items to be considered under this restriction. Council request tbs City Manager and Councilman Vare keep both the Planning and Zoning Commission and Council informed as to the proceedings in this matter. Council request the Open Space Committee investigate federal funding and inform the City Manager of their recommendations. City Manager to proceed with the actual contacting of federal agencies in a preliminary way. - Committee to continue with investigation of land, designing, etc. Council authorized City Manager Wurl to proceed along the lines of horse trading so that enough land can be acquired for a golf course, Ail i~ favor, motion carried. City Manager Wurl repprted at the time the 1970 budget was prepared the anticipated revenue from the gol~ course would be $15,000~ The~County Commissioners are now upset that this revenue is not reflected in the RSA revenues~.This was no~ done intentionally, just an oversight. The City Council agreed nothing further could be don~ this year. Council authorized City Manager Wurl to write the County Co~mmissioners a letter outlining the problem and stating that it will not happen again. Councilman Comcowich request a list from the City Manager outlining the items the City has handled for the County for which the City has not been reimbursed. Swimming Pool Swimming Pool, Galena and Durant - Manager Wurl informed Council this pool has been offered to the City at no charge, only expense would be repairs. Repairs would be in the amount of approximately S3300.00. Revenues derived based on present fees would be S600 or S700. Councilman Walls moved to accept Mr. Hyde's offer and authorize the Mayor and City Clerk to sign the agreement. Seco~de? by Councilma~ Scott. Roll call vote - Councilmen Whit~ker aye; . Walls aye.; Scott aye; ~Grlffzn ~ye; Comcowlch aye;~ Vare aye; Mayor Homeyer ayes, Motzon carried. Personne%Manual Tabled. ~i!~treetLights Street Lighting - Manager Wurl submitted designs of. seven street lights., Council authorized Councilmen Walls and Vare to review catalogues of light fixtures as alternates and submit at the next Council meeting. Seal Coating Seal Coating - Manager Wurl~submitted a map indicating the~area for~seat coating' and cost breakdown. Councilman Griffin~ moved to authorize the City Manager to proceed with seal coating as Out- lined on the map in the amount of S8,835.00. Seconged by. Councilman Scott. Roll call vote -il Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Alley Paving Alley Paving - Manager Wurl submitted map of the alley~ to be paved and request authorizat-~ ion to call fo~ bids. Alleys outlined are in Blocks 94,99, 73, 86 and either block 87 or ~-~ 99 depending upon construction of the Aspen Conoco Station. Councilman Walls moved to authorize the City Manage.r to call f,or bids for alley paving as outlined. Seconded by Councilman Comcowich. Roll call ~ote - Mayor Homeyer aye; Councilmen Vare aye; ComcOwlch aye; Griffin aye; Scott aye; Walls aye; Whitaker 'aye, Motion carried~. One Way Streets City Manager wurt ~ecommends-,'bas~d on'traffic ~ounts taRen, on a tr~l basis,, Galena and Mill as one W~y'stree~tS~0m Main to Durant. Councilman Walls moved the City Manager be authorized to instigate a .one way street system on Galena and Mill untiI the ist~0f~.October. S~cOnded by Councilman Vare~. Discussed one way streets east and west. Dr. Robert. Barnard was present and state he felt mo~e information should be given o~t to the public pri~r to setting up one way streets. Councilman Walls reported Galena and Mill are recommended in the Master Plan as one way streets. - .... Manager Wurl reported it will take 2 to 3 weeks to obtain the signs~ and if opposition is expressed to Council prior to the next meeting, action can be taken' at that tim~. Roll call vote--~'Councilmeh Whitaker nay:; Vare aye; Comcowich may; Walts aye; Scott aye; Griffin'aye; Mayor Homeyer aye. Motion 'carried. Parks and Parks and Recreation Bus - Manager Wurl reported the school district has donated the bus, Recreation Bus request Council accept the gift and authorize same to be covered under the City's blanket insurance. Councilman Scott moved to accept the bus from the school district and further the bus be covered under the City's blanket insurance. Seconded by Councilman Griffin. Roll call vote- Councilmen Griffin-aye; Sco~t aye; Whitaker aye; Vare'~aye; Walls aye; Comcowich aye; Mayor Homeyer aye. Motion carried. ~i~pera House Opera House Agreement - Manager Wurl submitted'agreement between ~the City of Aspen.'and The Agreement Aspen Company. Manager Wurl request authorization from Council for the Mayor and Clerk to sign the agreement and instruCtions to provide in tke 1971 and 1972 budgets sufficient mone, to satisfy the cost of the acquisition of the option. Discussed subleases. Manager Wurl explained to Council it ha~s been a problem in the past in maintaining the building ~ue to the .number'of people involved~ Councilman Comcowich moved to authorize the Mayor and Clerk to sign the agreement and the City Attorney to-insert the appropriate dates' in the agreement. Seconded-by Councilmmn Scott. Manager Wurl indicated to Council there has been another offer. Roll call vote - Councilman Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. ~otion carried. Dr. Barnard stated Councilman Scott has a conflict of interest in that he rents space in the building and should abstain. iiCodification - Manager Wurl submitted a proposal from the Municipal Code Corporation. Mr. Codification !IWurl indicated to Council, the charter changes would be made at the time,of codification plus all ordinances would be brought up to date. Councilnmn Whitaker moved that the City enter into a contract with the Municipal Code Corporation and the City Attorney see that the Charter.is included umder the contract. Seconded by Councilman Vare. Roll call vote - Councilmen Griffin aye; Scott aye; Walls aye; Comcowich aye; Whitaker aye; vare aye; Mayor Homeyer~.~ye.' Motion carried. Budget schedule was sd~mitted by Manager Wurl. Council request budget requests, etc. be Budget considered at special meetings. Parking Inventory - Manager Wurl submitted a map and inventory off,the problem areas~ 70 Parking violations in total. Council request the Engineering Department allocate a list of priority of the problem area~, and~cost~of correction. Charter Requirements - Manager Wurl explained Mr. Charles Howe will be meeting with the Charter City Clerk, City Attorney and City Manager on the 20th to review some of the charter requirements. Will submit a breakdown of those items involving Council procedure following this meeting with Mr. Howe. Mayor Homeyer opened the Public hearing o~Ordinance #16, Series ~of 1970. Copies of the Ordinance #16 ordinance were available to all present. There wer~ no objections to reading the ordinance Sales TAx by title only. Councilman Whitaker moved to read Ordinance #16, Series of 1970 on second reading as amended. Seconded by Councilman Vare. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Homeyer aye; Scott aye; Walls aye; Whitaker aye. Motion c~rried. ORDINANCE # 16, SERIES OF 1970 AN ORDINANCE CONCERNING REVENUE AND IMPOSING AND LEVYING A ONE PERCENT SALES TAX UPONTHE SELLING~OF TANGI8LE' PERSONAL PROPRRTY AT RETAIL UPON EVERY RETAILER AND THE'FURNISHING OF SERVICES IN THE CITY OF ASPEN, COLORADO, OPERATIVE AND EF~FECTIVE ON AND AFTER'JANUARY 1, 1971; PROVIDING THAT SAID REVENUES SHALL BE EXPENDED BY THE CITY COUNCIL FOR THE PAYMENT OF FOOD TAX REFUNDS, AND FOR THE ACQUISITION OF REAL PROPERTY INCLUDING OPEN SPACE OR THE CONSTRUCTION OF CAPTIAL IMPROVEMENTS FOR MUNICIPAL PURPOSES, OR THE PAYMENT OF INDEBTEDNESS INCURP~ED FOR SUCH ACQUISITIONOR CONSTRUCTION OF CAPITAL IMPROVEMENTS FOR MUNICIPAL PURPOSES FOR THE EXPENDITURES NECESSARY TO PROTECT SUCH PROPERTY AGAINST LOSS, DAMAGE OR DESTRUCTION; PROVIDING THAT CERTAIN REFUNDS SHALL BE MADE TO THE RESIDENTS'OF THE CITY OF ASPEN UPON APPLICATION THEREFOR: PROVIDING THAT THE CITY COUNCIL MAY AMEND, ALTER OR CHANGE THIS ORDINANCE, EXCEPT AS TO THE ONE PERCENT RATE OF TAX HEREIN IMPOSED AND THE EARMARKING OF THE REVENUES THEREFROM, UNDER CERTAIN CIRCUMSTANCES: PROVIDING PENALTIES WITH RESPECT THERETO;. and, PROVIDING~DETAILS IN RE- LATION TO THE FOREGOING. Attorney Kern stated the Ordinance has been amended to include open space and languDge corrections. Mayor Homeyer closed the public hearing. Counilmmn Va~e moved to adopt Ordinance #16,~Series of 1970 on second-reading as amended Seconded by Councilmmn Whitaker. Roll call ~ote -Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Dr. Robert Barnard request to speak before the.Council on three points. Streets cuts being allowed and the manner in which they are being repaired. Mayor Homeyer stated the Council would request a report from the Manager by the next meeting. Request to know if the Council is receiving monthly budget reports, etc. as required under the Charter. Mayor Homeyer reported the City has just hired a new finance director and reports will be submitted at the next meeting. Manager Wurl reported a monthly report cannot be compiled until the Council approves the accounts payable for the month, therefore, budget reports, etc. will be submitted to Council the~second meeting o.f the month. Dr. Barnard stated under Sections 14.4, 14.5, 8.1 and 8.2 of the Charter it clearly states that a Councilman cannot serve on a board or commission. Therefore, Francis Whitaker shoul~ not be serving on the Planning and Zoning Commission. Mayor Homeyer reported thls~is one of the questions to be clarified by Mr. Howe at the July 20th meeting. Councilman Vare moved to adjourn at 6:55 p.m. Seconded by Comcowich. Ail in favor, meeting