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HomeMy WebLinkAboutminutes.council.19670619Regular Meeting ~ - ~:Aspen City Conncil~,.'i.. June 19~ 1967 Meeting was called to order by Mayor Robert Barnard at 3:45 p.m. with Councilman Stapletnn, Kuster, McEachern, Attorney Gaylord and Administrator Leon Wurl. Councilman Clymer absent. Accounts payable were given to Councilman Kuster to check. Councilman Stapleton made a motion to approve the minutes as mailed. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; Kuster aye; Stapleton aye. ORDIb~NCE #12, SERIES 1967, AN~ ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OFASPEN, Ord.#12 COLORADO, STREET IMPROVEMENT DISTRICT NO. 67-1 BONDS; PROVIDING FOR THE PAYMENT Bond-67-1 OF SAID BONDS AND THE INTEREST THEREON; AND DECLARING AN EMERGENCY was read in full by the City Clerk on first reading. No discussion. Councilman Stapleton made a motion to approve Ordinance #12, Series 1967 on bonds for S, treet Improvement District #67-1 on first reading. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEachern aye. ORDINANCE #11, SERIES 1967, AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES 1962 OF THE ORDIN~CES OF THE~ CITY OF ASPEN, COLORADO, PERTAINING TO POLICEMEN'S RETIREMENT Ord.#ll PLAN, AND DECLARING AN EMERGENCY TO EXIST was read in full for the second time by Police Pension the City Clerk. Councilman~McEachern made a motion to adopt Ordinance #11, Series 1967 on second reading. Seconded by Councilman Stapleton. Roll call vote - Councilmen Stapleton aye; McEachern aye; Kuster aye. Jim Blgnning - Ute Cemetery Property - Mr. Blanning submitted a survey prepared Ute Cemetery by George Nelson of the property which he has a Treasurers Deed on. Wishes Property to give the Ute Cemetery to the City. Mr. Blanning stated he could either get a quiet title to the property or go to ~urt and get the Treasurers Deed made null and void. Approximately 5-1/2 acres of land involved. Council agreed to look into this further and would consider the offer at a iater date. Sidewalks - Resolution - Councilm~n S~apleton made a motion .tQ instruct the City Sidewalks Attorney to draw up a Resolution establishing the sideWalk improvement project for 1967. Seconded by Councilman McEachern. Roll call vote m Councilmen Kuster aye; Stapleton aye; McEachern aye. Renewal of 3.2 Beer License - Pinocchio's - Council reviewed application, checks Pinocchio's and addendum form as submitted by the City Clerk. Councilman Stapleton made a renewal 3.2 motinn to approve the renewal £or .the D. J. Fleisher Company, Inc. dba Pinocchio's for 3.2 Beer License. , Seconded by Councilman McEachern. Roll callvote - Councilmen McEaChern aye; Stapleton aye; Kuster abstained; Mayor Barnard aye. Motion carried. Regular Meeting Aspen City Council June 19, 1967 Coterie, Inc. Coterie, Inc. Purchase and sale of the bar located at the Aspen Alps Club. City Liq.Lic. Clerk submitted application and all additional forms as required by Council. Council reviewed all forms as submitted. Council felt the operation was under capitalized and agreed to table this item until Mr. Lyle Taylor~coutdcbe present. Award Bid - Towing - Adminstrator Wurl reported two bids had been received Towing-Bids Aspen Conoco, Lew's Wrecker Service db~ Sinclair of Aspen. Bids as follows: CONOCO SINCLAIR #1 - From within the City to Temporary Lot $5.50 S5.00 ~2 - From City to City-County Dump. 7.50 10.00 #3 - Second hook-up from Temporary Lot to City-County Dump 7.50 10.00 Discussed the main source revenue on impounded vehicles being derived from those cars towed from within the City to the temporary storage lot at Hunter and Main. This in turn would be the main expense to the City. Councilman McEachern made a motion the bid of Lew's Wrecker Service be approved and instruct the City Attorney to prepare a contract. Seconded by Councilman Kuster. Roll call vote - Councilmen Stapleton aye; McEachern aye; Kuster aye. Sales Tax Sales Tax Amendment - The following letter presented to Council was read by Mayor Barnard: Gentlemen: The stated object of the 1967 State legislation authorizing Colorado towns and cities to impose sales taxes, is to provide a higher degree of uniformity in such sales taxes. The new legislation provides that the collection, administration and enforcement of sales tax ordinances of Second Class Cities, adopted pursuanc to it, shall be performed by the State Director of Revenue, and that the State Statutes shall govern the administration, collection and enforcement of such taxes. It is also provided that no city sales tax shall con~fl'ict with the new legislation after January 1, 1968. An election is required, in order to adopt an ordinance in accordance with the provisions of the new Act. The ordinance may be approved at a regular municipal election or at a special election. The effective date of the city sales tax must be either January 1 or July 1 following the date of the election, but if there is less than 120 days between the election and the January. 1 or July 1 following it, the tax does not become effective until the next succeeding January 1 or July 1. The State Department of Revenue must receive notice of the adoption of the tax at least 120 days prior to the effective date. Mr. Wurl has informed me that an increase in the City sales tax from 1% to 2% is being considered for some time in the not too distant future. He felt that perhaps we could amend our present sales tax ordinance, so as to make it conform to the new legislation and take advantage of the provision for collection by the State, while keeping in mind that we would later submit a 2% sales tax proposgl to the electorate. There are, however, some problems involved in that approach. The 1967 Act provides that no sales tax of any City shall conflict with its provisions, after January 1, 1968'. This, coupled with the effective date of January 1 or July 1, and the 120 days notice requirement, means that if we wish to have the State start collection of our tax next January 1, we should pass an ordlnanee in July or August, and have an election before next September. If the Council wishes to increase the sales tax before July, 1968, the above procedure should be followed, and there would be no point in ma~ing amendments to the presen't ordinance. The present Aspen sales tax ordinance was copied verbatim, with a few exceptions, from the State sales tax law. However, there have been numerous revisions in the State law since our ordinance was enacted, and these revisions have not been incorporated into our ordinance. In o~der to make our ordinance conform more closely to the State provisions, which is one Of the purposes of the 1967 Act, some forty to fifty amendments to' our present ordinance would be necessary. An extremely lengthy ordinance will be necessary in any event. Merely to amend our present ordinance would.not Dure the problem that i·t would always be subject to attack by reason of the fact' that it Was initially enacted without statutory authority. 613 Regular Meeting Aspen City Council : June 19, 1967 our tax under the old ordinance at no charge at this time, but gave an indication Sales Tax that this private arrangement could be worked out. Councilman Stapleton withdrew his motion. Councilman Stapleton made a motion to instruct the City Attorney to draw up an amendment to the existing sales tax ordinance of the City of Aspen to conform to the State Statutes to repeal the use tax. Seconded by Councilman McEachern. Roll call vote - Councilmen Kusteraye; McEachern aye; Stap~ ton aye. Council instructed Administrator Wurl and Attorney Gaylord to work with the State as relates to the.State collecting the City Sales Tax at no charge. Council also agreed they did not wish to increase the sales tax to 2% at this time nor have the State collect the b~d tax. Letter from Attorney William Schoeberlien was read by Mayor Barnmrd relating to Attorney Gaylord's statement fom legal services to the City for April 1967. City Attorney Due to an economic hardship on the part of Mrs. Gaylord, Mr. Schoeberlien request S~atement the Council approve the bill. Mayor Barnard stated he objected to the manner ifl~which the bills are prepared. Number 1, should be in more detail and Number 2, under miscellaneous charges errors made in the total number of hours. Council request the 17 hours relating to sales tax case Hotel Jerome be broken down. Legal Opinion Administrator Wurl reported Attorney Montgomery request the City obtain a legal City Art. Salary opinion as relates to the legality of paying the City Attorney since her salary was not established by ordinance. Also reported this is a requirement of the State Statutes. Mrs. Gaylord stated her Balary is the amount budgeted.~ Public Hearing Administrator Wurl stated he had received correspondence from Attorney Montgomery City Attorney and July 10th at 9:30 a.m. would be an acceptable time to reconvene the public hearing. ~-~ Council agreed this would be acceptable to them. Mayor Barnard questionned why the two liquor violations at the Woodlander were not brought to the Council's attention. Mrs. Gaylord stated she does not bring these things to Council. Convention - Mayor Barnard questioned by what authority Mrs. Gaylord attended .the Municipal City Attorney League Convention in Estes Park. Mrs. Gaylord stated by no authority. Ute Park - Council discussed if the $3000 requested could be donated over a 2 Ute Park year period. Administrator Wurl stated the City may be able to obtain some of the materials at a lower cost. Councilman Kuster made a motion to approve the $3000 for Ute Park and to be split over a two year period. Seconded by Councilman McEachern. Roll call vote - Councilmen Stapleton aye; McEachern aye; Kuster aye. Park - Neal Avenue - Mr. John Doremus explained the reason he felt the Park Assoc- Neal Avenue Park iation wished to name the Park Robison Park is due to Mr. Robison instigating the East Aspen Patent and his long time service as Mayor to the City of Aspen. Pre- viously discussed naming the Park Herron Park, due to Mr. Herron donating the land to the City. Councilman Stapleton made a motion to name the newly acquired parcel of land adjacent to Neal Avenue as Neal Ave'nue Park. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Stapleton aye;.MeEachern aye. . The following Resolution was read in full by Administrator Wurl: RES2~UTION WHEREAS, the City of Aspen is the owner of certain real property located in Pitkin County, Colorado; AND, WHEREAS, the City Council of the City of Aspen desires that said prop- erty be permanently dedicated to the people of Pitkin County for park and recreation purposes; Regular Meeting Aspen City Council June 19, 1967 NOW, THEREFORE, BE IT RESOLVED that the following described real property Resolution be and is hereby permanently dedicated and set aside for use by the public for Neal Ave.Park park and recreation purposes; e£ the South I,husc AND, BE TT FURTMER RESOLVED that the above described real property is hereby named and shall be hereafter entitled the NEAL AVENUE PARK; and shall be hereafter denominated as such on all official maps and plats of the City of Aspen DATED THIS 19th DAY OF June ., 1967. Councilman Kuster made a motion to adopt the foregoing Resolution as read in full. Seconded by Councilman Stapleton. Roll call vote - Councilmen McEachern aye; Kuster aye; Stapleton aye. East Aspen Patent - Elbert Tacker Application - Tabled pending Attorney Stewart being present. Administrator Wurl gave the following reports: Admin. Reports Citizens Questionnaires 225 returned out of 700. Gave a report of the answers received. Final report at a later date. i' .'! Golf Course - Revenue derived to date $4,981.00 Swimming Pool Opened and in operation Storm Sewer - Garmisch Street - completed. Water Line on Highway 82 - Completed except for connection on 7th Street, awaiting parts. I.B.M. System for Aspen Chamber and Visitors Bureau - Mr. Bruce Polich and a rep- I.B.M. System resentative of I.B.M. were present. Mr. Polich reported from the ~uestionnaires sent ACVB 615 ....................... R~r Meet.in~g~ .__ ~..e.n Ci~t~V_ Council_,..._~! .......... ~Jun?~ _19~ 1967 I.B.M. System the Aspen Association. Lodging Association is in favor of up dating the system. Report will be given to D. R. C. Brown, Chairman of the Aspen Association upon his return to Aspen. Cost would be $339.00 per month for 3 machines, very little · ~'~ training involved. Letter from Francis Whitaker relating to the legality of spending municipal funds to further private business was read by Mayor Barnard. Mr. Polich stated this would benefit the entire community. Council agreed they were in favor of the computer if it is legal to expend the funds. Councilman Kuster made a motion to instruct Janet Gaylord to look into this matter and render a written legal opinion. Seconded by CouncilmanStapleton. Roll call vote - Councilmen McEachern aye; Staplton aye; Kuster aye. Stollard House - Letter from Fridel Pfeifer, Executive Director of the ACVB relating Historical Soc. to a pledge from the City in the amount of $2000 over a two year period to pay the $tollard House rent and utilit~ bills on the Stollard House while acquiring same as a permanent home for the Aspen Historical Society. Letter to Mr. Pfeifer from King Woodward of the Aspen Institute was read by Council- man Stapleton relating to either the City or the Aspen Historical Society or the ACVB picking up the lease from the Aspen Institute as a sublease. Administrator Wurl reported he was unaware a pledge was being requested but felt authorization to apply for a federal grant should be done as soon as possible. Council instructed Administrator Wurl to check as to the availability of funds for the $2000 pledge. Red Mountain Water - Maps of the two proposed routes to take a water transmission Red Mt. Water main up Red Mountain were presented~to Council by AdministratorWurl. Alternate No. 1 was recommended over Alternate No. 2 because the major portion of this line would be a tie in with a permanent installation. The approximate cost of $59,375 and the number of users that could be served was discussed. It was re- quested by both Lyndon Blue and the Greater Aspen Development Company.~Longuarantee assurance to them that they would have water for a potential of 244 homesites. Mr. Blue and Greater Aspen Development Company have agreed to put up $54,375 of the $59,375 figure. The remaining $5000 will be put up by the City as per earlier agreement that we would participate to. the extent of $500 p~r tap for the users presently served by the City on Red Mountain. tt was 'stated by Mr. Wurl that Mr. Rea had. reported that it was unlikely tha-t we could-~$mmre service on the mountain to more than 200 water taps, 60 on the upper level and 140-on 'the lower level. It was also reported by Administrator Wurl that in the future it would be possible to serve the 45~potential users on Pitkin Green from a line extended from the Institute-across the river to Pitkin~Green. Administrator Wurl also reported that since the line woul'd~ have to be completed by October 15th would like to have Council's approval today. Mr. John Doremus representing Greater Aspen Development Company stated that they would like to have incorporated in the contract a.section relating to rebate on the line. In the future when a person tapped onto the line they~would pay to the developers, Greater Aspen Development Company and Blue Development, a maximum of $500 per site in addition to the City water tap. The developers would be all- owed to regain 50% of th&ir original investment over a 12 year period. Adminis- trator Wurl reported ~h~L~Tin.'~d~i~±6n~to~t~ $~9~75fwohtd ~¥e?~o p:ay for the engineering which would be 6% of that figure. He, however, stated that~he felt that the estimates were high and that the job could possibly be done for that figure. He also stated that all the money that Mr. Blue and Greater Aspen Development Company had to put int.o the project was the $54,375 and that if the project ran over the $59,375 figure considering the engineering, that the City would have to-assume any costs over and above that amount. Administrator Wurl reported that the City should assure both Greater Aspen ~evelopment Company and Blue that the system would supply taps that they requested. If o~her problems arose as Pitkin Green etc., that they would have to be supplied from another source other than tRis pipeline. Councilman Kuster made a motion to proceed with plans and speci.fications, to call for bids on the permanent water system for Red Mountain and a~thmrization for the City to enter into a contract with Dale Rea for engineering services, and Greater Aspen Development Company and Lyndon Blue for participation in the water line extension. Seconded b% Councilman ,Stapleton~ Roll call vote- Councilmen McEachern aye; Stapleton aye; Kuster aye. 616 Regular Meeting Aspen City Council June 19, 1967 Corn Construction - Street Repair - How to repair the streets from last years St. Repair paving was discussed. A mznlstrator Wu-r~eported Corn Construction would like to #66-1 cz~t out the bad spots, amounts to about 3 blo.cks and 50' into another block, patch with concrete and overlay them with 1-1/2" asphalt utilizing 1/2" material. Administrator Wurl and City Engineer Roger~Mahnke .stBted that they did not approve of Corn's request to just patch the bad spots in the trouble areas of 66-1 with concrete and overlay with an inch and a half layer of asphalt with half inch material. They felt that the entire block should come out in the trouble areas that had been tested, the proper amount of cement added to the base to bring it up to specifications, the base relaid and new asphalt top placed upon the soil cement base. Administrator Wurl also stated that Corn would guarantee or put up a bond for a three year period if they were allowed to patch and repair the street using their methods. Mill Street Repair - Discussed - Council felt the responsibility for repair was up Mill St. Repair to the Sanitation District. Mayor Barnard stated he felt there were 2 ways to go - #1 take off the top, fix the base and put the top back on o #2 cut back until you find the base is good, put in concrete or soil cement and then put the asphalt back on top. Administrator Wurl felt this street was basically good except for about 4 bad spots, which could be taken out, fix the base with 1/2" material and overlay the entire street with 1" overlay. Council agreed Corn Construction should fix the streets right by tearing up the entire street, repair,the base, and over,lay the entire street Councilman Stapleton reported where the water department is digging to install new water services, they are leaving rocks and holes behind. Administrator Wurl to check out. Red Butte Subdivision - Water Line~ Extension - Mr. Robert Stevens was present Red Butte and stated he had obtained the easement for the water line from Cemetery Lane to Water his lot in the Red Butte Subdivision. Administrator Wurl stated he felt this would be a worthwhile endeavor for the City, due to eventually people in this area desiring City water and the route as outlined b% Mr. Stevens would be the most logical way to get into this area. Mr. Stevens stated he would contribute $900. Request new taps be rebated to him, at a predetermined amount, and apply some of his water rent to the cost that he would incur, but not to include the tap .fee. Mr. Stevens also stated he would do the contracting as to digging and pipe etc. Would cost from $1500 t~ $1700 approximately, of which Mr. Stevens would bear $900. Councilman McEachern made a motion the City be authorized to proceed and enter into a contract with Robert G. Stevens for water line extension in Red Butte Subdivision. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEachern aye. Letter from Highway Safety Council was read by Mayor Barnard complimenting the City Correspondence for their participation in the "Bicycle Safety Day" program. Letter from the Boy Scouts was read by Mayor Barnard requesting Council's con- sideratinn for a meeting room at the Hotel Jerome if the City acquires the facility. Sanitarian Agreement - Councilman Stapteton made a motion to authorize the Mayor Sanitarian Agree. and City Clerk to sign the Sanitarian Agreement $88-146-8 between the State of Colorado Department of Public Health and the City of Aspen and reimburing the City of Aspen funds of SILO0 for 1/3 salary of_Public Health Sanitarian. Seconded bY Councilman Kuster. Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye Dogs - Leash law in the business district was discussed. Councilman Kuster felt Dogs there was lack of enforcement of the present ordinance. Administrator Wurl felt the present ordinance was too vague to be enforced. Wurl to make a recommendation at the next meeting. Letter from Mr. R. O. Anderson was read by Mayor Barnard relating to Mr. Eurick Hotel Jerome and Mr. Woodward representing the Aspen Institute in negoiation for acquisition of the Hotel Jerome by the City. Councilman Stapleton made a motion Mayor Barnard, councilman stapleton and Carl Bergman of the Aspen Chamber and Visitors Bureau Conference Committee meet with Mr. Eurick and Mr. King Woodward as soon as possible. Seconded by Councilman McEachern. All in favor, motion carried. Regulmr Meeting Aspen City Council June 19, 1967 Liq.Violations Mayor Barnard questioned why liquor violations at the Woodlander were not brought to Council's attention as Galena St. East vitiation was. Discussed whose responsibility it is to bring these matters before Council. Administrator Wurl felt a procedure should be set on this and one department should be responsible for bringing such matters to Council. Discussed the Police Department being the most informed on liquor violations. Council instructed Administrator Wurl to bring the reports on the latest vi~lations at the Woodlander to Council. Councilman Kuster made a motinn to pay the bills and for the April City Attorney Bills bills if the 17 hours are cleared up, of the services for the Hotel Jerome, detailed and sent to the Mayor and all Councilmen, I approve also to pay that City Attorney bill. Seconded by Councilman McEachern. Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye. Administrator Wurl reported he, Chief Scott and the Sheriff had met with the State Patrol representatives of the State Patrol. Would like to set up a base station in Aspen. Base Station The State Patrol would pay for the base station, install it, maintain it. They would also maintain the mobil equipment in the Sheriff's car and the City Patrol car. Ail would be on the same frequency. City would have to resolve where the facility would be located. Sheriff is agreeable to have this located at the City Hall. At a later date the State Patrol will be changing their band and to change the City over would cost us $400. CouncilMan Stapleton made a motion to authorize Leon Wurl to meet with the Colo- rado State Patrol and Sheriff's Department of Pitkin County and Pitkin County Commissioners to negoiate a contract for the installation of a radio base station for the use of the City Patrol Police Department, Sheriff's Department and Highway Department. Seconded by Councilman McEachrn. Roll call vote - Councilmen Kuster aye; McEachern aye; Stapleton aye. A motion was made by Councilman Mc. Eahhern, seconded by Councilman Stapleton to adjourn at 7:00 p.m. All in favor, motion carried, meeting adjourned. ~orra~ne Graves, City Clerk