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HomeMy WebLinkAboutminutes.council.19781221 Special Meetlng Aspen. City Council December 21, 1978 Councilman Behrendt moved to read Ordinance ~50, Series of 1978, with the elimination of paragraph 2 in Section 9; seconded by Councilman Isaac. All in faovr, motion carried. ORDINANCE #50 (Series of 1978) AN ORDINANCE RATIFYING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND STEPHEN SHUBERT ("CONTRACTOR"), PROVIDING FOR KENNEL SERVICES TO THE CITY FOR A PERIOD OF FIVE YEARS, WHICH AGREEMENT INCORPORATE A CONTRACT PRICE FOR SUCH SERVICES; REQUIRES THE CONTRACTOR TO INDEMNIFY THE CITY AGAINST CLAIMS FOR LOSS AND INJURY RESULTING FROM THE SERVICES CONTRACTED FOR; AND FURTHER REQUIRES THE CONTRACTOR TO PROVIDE INSURANCE CONVERAGE, ALL AS MORE SPECIFICIALLY PROVIDED THEREIN; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilman Parry moved to adopt Ordinance #50, Series of 1978, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Isaac, aye; Parry, aye; Mayor Standley, aye. ORDINANCE #56, SERIES OF 1978 - Appropriation for James E. Moore Property Ord. 56, 1978 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Appropriation for James E. Moore Councilman Parry moved to read Ordinance 956, Series of 1978; seconded by Councilwoman property Anderson. All in favor, motion carried. ORDINANCE #56 Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $200,000 FROM UNAPPROPRIATED REVENUES; APPROPRIATE EXPENDITURE OF $200,000 FOR LAND PURCHASE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #56, Series of 1978, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Isaac, aye; Behrendt, aye; Parry, aye; Anderson, aye Mayor Standley, aye. Motion carried. ORDINANCE #57, SERIES OF 1978 - Appropriation for Aspen One Property Ord. 57, 1978 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Appropriation the public hearing. for Asuen One Councilman Parry moved to read Ordinance #57, Series of 1978; seconded by Councilman Isaac. property All in favor, motion carried. ORDINANCE ~57 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6th PENNY SALES TAX FUND FROM NOTE PROCEEDS OF $500,000; FROM ADDITIONAL SALES TAX REVENUES OF $25,000; AND RECOGNIZING A 450,000 CONTRIBUTION; APPROPRIATE EXPENDITURE OF $575,000 IN THE CALENDAR YEAR 1978 AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Parry moved to adopt Ordinance #57, Series of 1978; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; Isaac, aye; Anderson, aye, Mayor Standley, aye. Motion carried. ORDINANCE #59, SERIES OF 1978 -Issuing Notes Ord. 59, 1978 Mayor Standley opened the public hearing; There were no comments. Mayor Standley closed Issuaing Note the public hearing. for Aspen One property Councilwoman Anderson moved to read Ordinance ~59, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~59 (Series of 1978) AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOTES OF THE CITY OF ASPEN, COLORADO IN THE PRINCIPAL AMOUNT OF $500,000 FOR THE PURPOSE OF ACQUIRING CERTAIN REAL PROPERTY, KNOWN AS THE ASPEN ONE PROPERTY; PRESCRIBING THE FORM OF SAID NOTES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID NOTES FROM THE REVENUES OF THE TWO PER CENT MUNICIPAL SALES TAX AND FROM OTHER SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk.  Councilwoman Anderson moved to adopt Ordinance ~59, Series of 1978; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Anderson, aye; Behrendt, · aye; Mayor Standley, aye; Motion carried. Councilman Isaac moved to adjourn at 6:15; seconded by Councilman Parry. Motion carried. ~ Kathr~n' S. Koch, City Clerk ~egu±a~ Meeting Aspen ~ty ~ouncl± December zl, City Attorney Stock told Council he was still working on the $15,000 and the $10,000 from the Ski Corp. Horwitz' attorney has been out of town. Mayor Standley said the closing has to be by the end of the year; if the funds has not been certified, other than from the~ city, the closing does no~ have to been signed. The deal was this was not to cost the City anything; they would just take responsibility for the land. Stock said the lawyer for Little Nell/North of Nell has the check when the City is ready. Councilman Isaac came in. Mayor Standley closed the public hearing. COuncilwoman Anderson moved to read Ordinance ~55, Series of 1978; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #55 (Series of 1978) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND THE AMOUNT OF $25,000 FROM UNAPPROPRIATED REVENUES; RECOGNIZING A $25,000 CONTRIBUTION; APPROPRIATE EXPENDITURES OF $25,000 FOR LAND PURCHASE; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance ~55, Series of 1978, on second reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Anderson aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~50, SERIES OF 1978 - Adopting Kennel Contract City Manager Mahoney told Council he had asked animal warden Jane Gerber for her objection~ in writing, and she had none. ~ Mahoney's position is that the staff has negotiated as besti they could to get a good contract for the City. The negotiations started in March 1978 Ord. 50, 1978 with twelve meetings since then. This is not a failure to try to negotiate; the manager, Adopting attorney, finance director and animal warden all looked at this. Unless Shubert is ready Kennel to make further adjustment, the City has no alternative. There is about 9 months lead Contract time in obtaining land, having it rezoned or a conditional use, and building the kennels. Mahoney said he did not think the economics would be there for the city to operate their own kennel. Steve Shubert said he is facing a problem of loosing private kennel customers because of the interactions at the pound. Shubert said the association with the city Ks a good association, and he would like to minimize the negative things about the animal control program. Shubert stated he had a very vested interest in the conduct of the animal control officers, and their effect upon the private kennel. Mahoney said the point is to figure out if this is a good contract and can it work. Shubert told Council the increase asked for in the contract will go for improvements to the kennel. The kennel needs additions. Shubert said he had not had a sick or injured animal in the last 1~ months. Mayor Standley said he still had a problem with the sur- charge after 5 day on top of the base. Mayor Standley pointed out the city is buying x-number of kennel days based on so many runs and so many dogs, and to pay a surcharge on top of that, he is not willing to do. Mayor Standley told the Council he had talked to the County and they are willing ~o build a pound with the City. Shubert said when he worked on this contract, he looked at the historic costs and the desires of the City. There are adoptable dogs and non-adoptable dogs, and this should be a matter of economic priority. If a dog should stay nine days, it is an economic decision~ Mayor Standley stated the City should only pay a surcha~ when they use extra kennels. Shubert stated it does not make any sesne to keep non-a~optable animals. He spends time at the kennels and can evaluate which dogs are adoptable. Shubert said he would have no qualms about striking the surchare, if the Council can find a better solution. Mahoney said he had talked to a local veterinarian and there are different ways of running either a humane shelter and an animal control. The City is operating an animal control center and should not be running a humane shelter. Mayor Standley noted the Council had just passed a policy making it alright to keep dogs longer then 5 days. Ms. Butterbaugh said the reason she is arguing for this surcharge right now is to keep a dog after 5 days is reducing profit; this contract is a bare minimum of profit. Ms. Butterbaugh said if the Council strikes the surcharge, Shubert should have some say on which dogs are adoptable. The animal control officers should work out an adoption program so that the City and Shubert are sharing the extra cost. Shubert told Council that they have a pretty good adoption rate. Ms. Gerber is concerned about the surcharge because it gives him the option to get rid of dogs as fast as he wants. Shubert said he needs to sit down with the City and qet a basic policy worked out for the animal shelter. Councilman Isaac said the problems appears to be not the contract but who is responsible for the various aspects. Shubert, Ms. Gerber, and Mahoney need to get together and decide what the program will be. Mayor Standley said this agreement is inconsistent with the policy Council has ~ust made. Councilman Behrendt moved to table the ordinance; seconded by Councilwoman Anderson. Shubert said he had not gotten the opportunity to present his position. Councilwoman Anderson asked why the surcharge could not be absorbed by the people that adopt the dogs. Shubert said if the surcharge is standing in the way of the contract, Council can take it off. Mayor Standley said he would like more facts relatin? to the costs. Ms. Butterbaugh said from where she negotiated, she avoided looking at these figures because she felt the City would lose ground. If Shubert figures out marginal costs, he will figure out it is not a favorable contract. Shubert stated his objective in this contract was to make a good, long-term relations with the City. Mayor Standley reiterated if the City pays for 17 kennels, they have the right to use then any way they want. Councilman Behrendt asked the staff to deliver Council a policy with definition and background by January 30th. Councilman Behrendt withdrew his motion to table; seconded by Councilwoman Anderson.