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HomeMy WebLinkAboutminutes.council.19721016Regular Meeting Aspen City Council October 16~ 1972 Meeting was called to order~by Mayor Eve Homeyer at 4:00p.m. with Councilmen Scott Nystrom William Comcowich, Ross Griffin, Ramona.Markalunas, Jack Walls, Erancis Whitaker, Ci~ty A~t~ney Albert Kern and Student Representative Timber Dick. Councilman Whitaker stated he had corrections for the study session on the transportation plan. Councilman Whitaker moved to approve the minutes of the regular meeting September 25th as prepared and mailed by the City Clerk. Seconded bM?Councilman Walls. Ail in favor, motion carried. Councilman Whitaker moved to approve the accounts payable as presented by the finance department. Seconded by Councilman Comcowich. Roll call vote o Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Steve Springer read a resolution to approve the transportation plan in concept and the Middle additional 1% sales tax which wi. il be up to the electorate on N0vember 7, 1972. School Local Government Kim Heneke stated'the class is running a desigJ contest for traffic lights and gave the Class basic requirements. Barry Conte stated entries would have to be received by the class by November 1st, judging will by November 2nd and entrance fee of $.25 is required. Prizes will be awarded $25.00 and gift certificates. Barnard Mayor Homeyer reported this does not appear on the agenda as Dr. Barnard requested that Waterline it not be on the agenda. Liquor Licen~ City Clerk and City Attorney reported the file is complete. Attorney Charles Brandt was Transfer present to represent the applicants. Reported all creditors have been paid im full. Re- Uncle Willy'~ quest for the applicants that the sign and name continue until such time as the new sign ~-~Spirit House which has been ordered is here. Old sign will be abandoned as soon as the new sign arriv- ed which will be conforming. Council request the applicant submit a letter to Council of that effect. Councilman Whitaker moved to approve the transfer of license subject to the submission of a letter relating to the non-conforming neon sign. Seconded by Councilman Nystrom. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Stock Trans- Copies of the stock transfers were submitted to Council by the City Clerk. fer-Toro's Inc. & A1 Councilman Walls moved to approve the stock transfer for Toro's Inc. Seconded by Council- Aban Inc. man Nystrom. Roll call vote - Councilmen Grif£in aye; Markalunas aye; Walls aye; Comco- wich aye; Nystrom aye; Whitalker aye; Mayor Homeyer aye. Motion carried. Councilman Comcowich moved to approve the stoc~k transfer of A1 Aban Inc. Seconded by Councilman Mar'kalunas. Roll call vote - Councilmen Walls aye; Comcowich aye Mar'kalunas aye; Griffin aye; Nystrom aye; Whita~ker aye; Mayor Homeyer aye. Motion ~arried. Mayor's Deed~ City Attorney Kern reported the deeds are in order. Councilman Whitaker moved to author- William Cham- iz~ the Mayor.and City Clerk to sign the deeds as submitted. Seconded by Councilman bers, Dr. Markalunas. Roll call vote - Councilmen Nystrom aye; Comco~wich aye; Griffin aye; Walls Barnard aye; Mar'kalunas aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. Ptarmigan Attorney Arthur Daily was present and .referred to the lease of the pro shop by the City and the dates of the lease as being April 1st to November 15th. Mr. ~ly pointed out he felt this~was an error~at the time of the drafting of the lease and feel the April tst, date should be May 1st. City Manager Leon Wurl arrived. Councilman Comcowich moved to change the starting date ~from April 1st to May 1st for the pro shop space at the Ptarmigan Lodge. Seconded by Councilman Nystrom. All in favor, motion carried. Mr. Daily and Mr. Fiene, leasee request permission to utilize the space in the lobby for ski touring sales and equipment in the winter time and to provide cross country skiing trail on the golf course in the winter. The 0~arse would be open to the public, free of charge. Charges would be made for equipment and for lessons. Also the City has request- ed to enlarge the pro shop space ~at is leased to an additional 250 to 300 sq. feet. Would be willing to do this, if the City would agree to pave an additional part of the parking lot, mainly that area f~om the present leased area to, the fire hydrant near the highway. It was reported the Ski Club is in favor of the trails.~ C~nm~l request the agreement submitted b~ amended to limit sales of ski equipment to Ski touring equipment only. Mayor Homeyer pointed out the City is in the process of preparing a master plan for the golf area and would hate to .spend the funds on paving until ~his plan has been adopted. Mr. Fiene stated he wou~ld be agreeable to holding off on extensiOn of the pro shop space and paving. Councilman Comcowich moved to give approval of the sub lease as proposed and authorize the winter use of public cross country facility at no expense to th~ City. Seconded by Councilman Whitaker. It was pointed out the motion does not include the additional pro space or the paving. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas a~e; Walls aye Whita'ker aye; Mayor Homeyer aye. Motion carried. Snow Mobiles Discussed ordinance relating s, ame within the City limits. Chamber of Mr, Jay Payne was present and request ¢~nsideration ~if funds from the City and County to !Commerce fund the visitors bureau. Services which the Chamber intends to provide are: facts and data to entire nmmbership; concerned with what :is happening in the entire valley~ not just the City; act as a bett'er business bureau; coordinate events and 'keep a yearly cal- ender and a sounding board for community problems. Propose a contract with the City and County for the running o~ the visitor's bureau. Requesting $34,000.' Mr. Payne stated he had met with the C~y Commissioners this date and they state they would like to meet with the City Council. Councilman Whitaker moved to postpone the public hearing on the budget until Tuesday, Budget October 17th at 5:00 p.m., seconded by Councilman Comcowich. Ail in favor,~motion carried G%~.y,Gt&z'k reported Charles Paterson has indicated by letter submitted he, desires re- Board of a~in-tment. Letter received from Gilbert CQlestock. Adjustment Appointments Councilman Whitaker moved to reappoint Charles Paterson for. one term on the Board of Adjustment and ask Mr. Colestoc'k to meet with Council on October 17th at 5:00 for inter- view. Seconded by Councilman Comcowich. Ail in favor, motion carried. Mayor Homeyer stated she felt the City should get the information out to the voters by Advertising 1% utilizing both newspapers and the Grassroots network, sales tax Councilman Comcowich stated that although he was absent at the meeting when the resolu- tion was adopted relating to the 1% for transportation, he was in favor of that resolu- tion. Councilman Walls moved· to prepare plans for advertising in both newspapers and on Grass- roots. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin nay; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Letter was submitted from the applicants of Uncle Willy's Spirit House that they would remove the non-conforming sign when the new sign is received. Councilman Whitaker mo~ed that the City submit to the voters on May 1973 an amendment to 1% Sale's Tax the 1% sales tax ordinance that will clarify the wording of general operating expenses. Transportation Seconded by Councilman Griffin. All in favor, motion carried. Plan Councilman William Comcowich stated that in accordance with the authority contained in Planning Section 8.4 of the Aspen City Charter and Section 2.36 of the City Code which provide Zoning Member- that members of all Boards .and Commissions serve at the pleasure of and are subject to ship removal by City Council, I move that Robin Molny be removed from the ~ity of Aspen Plan- ning and Zoning Commission effective immediately. I further move that this position be declared vacant and that the City Clerk be authorized to seek and receive applications for the unexpired term of vacant position on the Planning and Zoning Commission in order that a qualified individual who is compatable with the philosophy of this Council can be appointed properly at a later time. As part of this motion it should be understood that the Planning and Zoning Commission should proceed to elect its own Chairman in accordance with the Aspen Charter and until a replacement member is appointed by Council. Seconded by Councilman Walls. Roll call vote - Councilmen Mar'kalunas nay; Griffin nay; Walls aye; Comcowich aye; Nystrom aye; Whitaker nay; Mayor Homeyer aye. Motion carried. City Manager Wurl reported one bid had been received in the amount of $51,577.00 which Public Rest- is way over the estimated cost. Recommend Council tabl~S project until next spring rooms when contractors are not so busy. Council concurred, .... Contract for sale agreement was submitted. ~ouncilman Whitaker moved to accept the agree- Shaw Property ment and authorize the appropriate steps £~ be taken to conclude the-purchase and fund out of the land acquisition fund at the present time. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; ~hitaker aye; Walls aye; Comcowich aye;Griffin aye; Markalunas aye; Mayor Homeyer aye, Motion carried. Estimates in the amount of $6~B93.13 and $3,674.05 were submitted. Councilman Gciffin Pay Estimates, moved to authorize payment ~o Dale Rea umder Pay estimates #2. Seconded by Councilman Dale Rea Nystrom~ Roll call vote - Councilmen Nystorm aye; Comcowich aye; Griffin aye; Mar'kalunas aye; Walls aye; Whitaker aye; MayorRomeyer aye. Motion carried. Manager Wurl recommended Council approve the contract subject to side agreements from Dale Rea Con- James Moore, School etc. as relates to the old flume for their part of the engineering tract costs. Councilman Comcowich moved to authorize the signatures on the agreement subject to sub- mission of agreements tha~ would guarantee their payment of engineering costs as relates to that section of the line. Seconded by Councilman Walls. All in favor, motion carried. Manager Wurl stated the highway department will be holding hearings in Denver on November Highway 13, 14 and 15th. Council needs to establish their requests, meet with the Commissioners Requests on the requests and designate someone to represent the City in Denver at the hearing. Councilman Walls moved to ask the P & Z and Transportation Committee to get their reports bac'k to Council as soon as possible and the Mayor and the Planner represent the City at the hearing. Seconded by Cou~cilmanWhita·ker. Requests to be reviewed by Council on October 30th. Ail in favor, motion carried. Ute Cemetery Estimate-was submitted for fencing of the south an~ west sides. Councilwoman Mar'kalunas Fencing stated the Thrift Shop will be donating funds for this project. Councilman Griffin moved to accept the estimated figure and accept the donation of the Thrift Shop. Seconded by Councilman Whitaker. All in favor, motion c'arried. ~'~Finance Manager Wurl stated Mr. Dennis Veeder desires to come back to the City and recommend Director Council ratify that appointment. Councilman Whitaker moved Dennis Veeder be reappointed as Finance Director of the City and as Acting City Manager. Seconded by Councilman Walls. Manager Wurl reported he would be here on November 1st. Roll call vote - Councilmen Whitm~ker aye; Walls aye; Markalunas aye; Griffin aye; Comco- wich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. ORDINANCE #18 Mayor Homeyer opened the public hearing. There being no comme~nts, ~Mayor Homeyer closed SERIES OF 197 the public hearing. Memo from Councilwoman Markalunas was submitted and discussed, re- lating that the total for personnel services in the 1973 budget has increased by 26% over the 1972 budget. Manager Wurl request time to submit a breakdown as he felt this was incorrect i.e. retirement for 1972 will run from August to December and the 1973 budget reflects a full year; FICA is increased the first of 1973. ORDINANCE #19 Councilman Comcowich moved to read by title Ordinance ~19, Series of 1972. Seconded by SERIES OF 197 Councilma~Whita'ker. Ail in favor~ motion carried. ORDINANCE #19, SERIES OF 1972 AN ORDINANCE AMENDING SECTION 24-7(c) ENTITLED C-2 COMMERCIAL REQUIRING OPEN SPACE AREAS ON BUILDING IN THE C-2 ZONED DISTRICT was read by title by the City Clerk. Councilman Comcowich moved to adopt Ordinance #19, Series of 1972. Seconded by Council- man Nystrom. Councilman Whitaker stated his concern on the definition of open space and referred to the Roaring For'k Building. Council request the Planning and Zoning Commission work out and clarify the definition of open space for all zones. Roll call vote - Councilmen Comcowich aye; Walls aye; Nystrom aye; Whitaker aye; Markalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. SERIES OF Councilman Comcowich moved to read Resolution #19-A, seconded by Councilman Walls. Ail 1972, RESOL- in favor, motion carried. UTION #19-A RESOLUTION NO. 19-A (Series of 1972) RESOLUTION OPPOSING PASSAGE OF CONSTITUTIONAL TAX AMENDMENTS 7 AND 12 WHEREAS, there will appear on the November 7, 1972, general election ballot proposed Constitutional Amendments 7 and 12, and WHEREAS, local officials have long supported and wor'ked for constitutional revision and modernization to enable local governments to meet community needs and 20th Century problems and WHEREAS, local government was modernized and home rule self-determination for Municipal- ities was strengthened by passage in 1970 of Constitutional Amendment Three; and WHEREAS, adoption of either Amendment 7 or 12 would: 1) impair local authority to raise necessary revenues to finance local services and programs, 2) limit cherished municipal home rule powers granted by Article XX of the Colorado Constitution, 3) encourage encroachment by the General Assembly and'State of Colorado on revenue source~ relied upon by local governments, 4) risk fiscal of legislative chaos in the allication of restricted property tax revenues among counties, municipalities and special districts, 5) impose inflexible tax formulas in the Colorado Constitution, 6) inadequately provide for revenues to replace those eliminated by the Amendments, and 7) result in major tax shifts and altered tax burdens for Colorado taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THt~ CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: 1) ~That the City of A~pen goes on public record as opposing adoption of Constitutional Amendments 7 and 12; 2) That the City of Aspen urges its citizens to become acquainted with and vote No on~- ~-~ Amendments 7 and 12; 3) That a copy of this Resolution be mailed to the Colorado Municipal League Office. Councilman Walls moved to adopt Resolution #19-A, Series of 1972. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Walls aye; Mar~kalunas aye; Whita'ker aye; Mayor Homeyer aye. Motion carried. Mr. Albert Kern submitted his resignation to Council effective November 1, 1972. City City Attorney Manager Wurl asked that Council consider asking Mr. Kern to continue on the case relating to Highway 82 at the original curve. Councilman Walls moved to go into executive session. Seconded by Councilman Comcowich. Ail in favor, motion carried at 6:35 p.m. Councilman Comcowich moved to go back into regilar session. Seconded by Councilman Whit- aker. Ail ink-favor, motion carried. Councilman Comcowich moved to adjourn this meeting at Tursday October 17th at 5:00 p.m. Seconded by Councilman Whita'ker. Ail in favor, motion carried at 6:45 p.m. ~----t~r~aine Grave~, City Cler'k Adjourned Meeting Aspen City Council October 17~ 1972 Meeting was calledto order by Mayor Eve Homeyer at 5:10 p.m. with Coancilmen Scott Nystrom, Ross Griffin, Ramona Markalunas, Francis Whitaker and City Manager Leon Wurl. Councilman Griffin moved to approve the appointment of Gilbert Colestock to the Board of Bd. of Adj. Adjustment. Seconded by Councilman Nystrom. Roll call vote - Councilmen Nystrom aye; Gilbert Cole- Griffin aye; Markalunas aye; Whitaker aye; Mayor Homeyer aye. stock Councilmen William Comcowich and Jack Walls arrived. City Manager Wurl submitted to Council substantiating material to show that the increase Employee of total personal services over the 1972 budget amount to 14% not 26% as outlined by Salaries Councilwoman Markalunas. Reasons for the 14% increase are: the 1/2 step increases award- ed employees in October of 1972; additional temporary help; 1973 includes increase in FICA; $14,500 should be added to the 1972 figures for past service under the retirement program. Councilmen Whitaker stated he disagreed with' the increases being automatic each year. Manager Wurl explained Aspen's schedule differs from most cities in that it includes 4 step increases rather than the 6 or 8 as most plans have. The reason for this is the high cost of living in Aspen and obtaining top personnel. Further explained the per- centage of the budget for personnel services is low compared to other cities. Councilman Griffin moved to read on second reading Ordinance #18, Series of 1972. Se- ORDINANCE #18, conded by Councilman Nystrom. All in favor, motion carried. SERIES OF 1972 ORDINANCE #18, SERIES OF 1972 AN ORDINANCE AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ADDING SECTION 2-91 PERTAINING TO THE PAY SCHEDULE AND POSITION CLASSIFICATION OF THE EMPLOYEES OF THE CITY OF ASPEN was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #18, Series of 1972 on second reading. Second- ed by Councilman Comcowich. Councilman Whitaker stated he objected to there being only 4 step increases rather than 6 or 8. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas nay; Wall~ aye; Whitaker may; Mayor Homeyer aye. Motion carried. Adjourned.Meeting Aspen City Counci£ uccoDer Budget Cuts Manager Wurl reported $93,256.00 must be trimmed or cut from the budget. Proposed CUts were submitted by Mr. Wurl. Council agreed they did not wish to leave out the additional inspector in the building inspection department. Council agreed to cut $9,500 for tempor- ary alley paving. Council agreed to leave a surplus and Manager Wurl find places to cut the budget in the amount of $2500.00. Discussed the uncommitted amount under Council budget item entitled community improvements. Councilman Griffin moved to give Grassroots $1,000. Seconded by Mayor Homeyer. Councilman Comcowich moved to amend the motion that Council give a like amount to the TV Booster people. Seconded by Councilman Nystrom. Ail in favor with exception of Council- man Walls and Whita'ker who voted nay. Motion carried. Main Motion Ail inlfav~r with exception of Councilmen Comcowich, Markalunas, Walls and Whitaker who voted nay. Motion not carried. Amended motion also not carried. Mayor Homeyer closed the public hearing. RESOLUTION Resolution #20, Series of 1972 - Councilman Comcowich moved to read in full Resolution #20, #20, SERIES Series of 1972. Seconded by Councilman. Walls. All in favor, motion carried. OF 1972 RESOLHTION NO. 20, Series of 1972 WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1973 and ending December 31, 1973; AND WHEREAS, the budget as submitted sets forth the following estimated fiscal data in- cluding anticipated revenues and expenditures for the year 1973: 1. Revenue and Beginning Surplus a. Surplus beginning of the year 485,382.00 b. Anticipated revenues all sources 2,923~118.00 TOTAL $ 3,408,500.00 2. Expense and Closing Surplus a. Expenditure Requirements 3,130,097.00 b. Surplus closing of the year 278~403.00 TOTAL $ ~3,408,500.00 3.The aggregate expenditure requirements to be divided as follows: General Fund a. General Operating Fund 1,696,029.00 b. Depreciation Reserve Fund' 5,500.00 TOTAL $ 1,701,529.00 Debt Service Fund a. 1938 Bond and Interest 2,040.00 b. 1970 Bond and Interest 38,158.00 c. 1971 Bond and Interest 328~405.00 TOTAL $ .368,'603.00 Electric Fund a. Electric Operating Fund 347,282.00 bi!2 Bond and Interest Fun~ 27,031.00 c. Depreciation Reserve Fund 10:500.00 TOTAL $ 384,813.00 Water Fund a. Water Operating Fund 212,227.00 b. Bond and Interest Fund '226,058.00 c. Depreciation Reserve Fund 22~440,00 TOTAL $ 460,725.00 Moore Pool $~ ~33~770.00 Golf Course $ 45~550.00 Iselin Concession Stand $ 5~7!0.00 ~ Special Assessments Fund a. Improvement Distri'¢t #63-1 14,295.00 b. Improvement DiStrict #66-1 23,825.00 c. Improvement District #67-1 26~272.00 TOTAL $ 64,392.00 Police Pension Fund $ 6,505.00 i.366 Adjourned Meeting Aspen City Council October 17, 1972 Parking Facility Fund $ -0- Employee Retirement $ -0- Land Acquisition and Capital $ 58~500.00 Improvement Fund GRAND TOTAL $ 3,130,097.00 AND WHEREAS, the assessed valuation of taxable property for the year 1972 in the City of Aspen, returned by the County Assessor of Pitkin County, Colorado is the sum of $25,625,480; AND WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City of Aspen is three and six-tenths (3.6) mills; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado: That the budget for the City of Aspen, as submitted, is hereby adopted; that the est- imated budgeted expenditure requirements of $3~408~500.00 is declared ~o be the amount of revenue necessary to be raised by tax levy and income from all other sources, includ- ing surplus at the beginning of the year; to pay the expenses and certain indebtedness of the City, including interest upon the indebtedness, and to provide a reasonable surplus at the close of the fiscal year beginning January 1, 1973, and ending December 31, 1973. BE IT FURTHER RESOLVED that for the purposes of defraying the expenses of the City of Aspen, Colorado during the fiscal year beginning January 1, 1973, and ending December 31,-1973, there is hereby levied a tax of three and six-tenths (3.6) mills on each dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado for the purpose of raising the sum of $92~251.00, which together with the surplus and revenue from all other sources, is estimated to meet budget expenditure requirements and provide. reasonable closing surplus for the said fiscal year. Councilman Walls moved to adopt Resolution #20, Series of 1972 and City Clerk certify same to the Pitkin County Commissioners. Seconded by Councilman Comcowich. Roll call Vote-Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayo~i~omeyer~aye. Motion carried. Councilman Comcowich moved to adjourn at 7:50 p.m., seconded by Councilman Nystrom. All in,flavor, meeting adjourned. ~or~.azne Graves, City Cler'k